Parental Relocation After Divorce in Marietta
Can a Parent With Child Custody Move Away With Children?
Under most circumstances, parents who have been awarded child custody during a divorce are required to notify both the court and the other parent of any change of address, according to the terms of Georgia Code § 19-9-3. Usually, notification must be provided at least 30 days in advance of the move. This applies in cases where the non-custodial parent has rights of visitation or parenting time.
The requirement of early notification serves an important purpose: it provides the non-custodial parent with the opportunity to go to court and challenge the proposed relocation. The court will try to rule in favor of a parenting plan which serves the best interests of the children, and if it can be proven that moving would not meet this standard, the judge may award custody to the other parent.
Contact our divorce attorney in Marietta today and discuss your situation!
Why Do Parents Choose to Relocate?
Parents often relocate for better job opportunities, to be closer to family, or to create distance between themselves and violent or abusive partners. Whatever reason a parent may have, it is important for them to have a clear understanding of their purpose and be able to demonstrate this purpose in court. If a fair case for relocation is not shown to a judge, the relocation may come with consequence to custody and visitation rights. For example, a relocation initiated by a parent in an attempt to impede the visitation rights of the other parent may be looked down on by a court, and penalized in the process.
How Will a Court Decide on Granting the Relocation?
Like many orders where children are involved, the court decides a move away order with the "best interests of the child" in mind. One of the key factors in a parental relocation is determining whether the move will be detrimental to the child's health and safety.
To address this, a court may consider the following:
- Child's age
- Family's ties to the community
- Child's special health or educational needs
- Preferences of the child
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It is important for the interests of parents and children to be fairly represented during a parental move procedure. If you are preparing to confront legal issues involving a parent's relocation and your children, our Marietta divorce attorneys are here to help. With decades of collective experience, our legal team has a valuable set of skills that may help parents protect their rights and the best interests of their family.
Before a relocation notification has even been filed, get sound advice from our team of legal professionals. Our divorce lawyers in Marietta may help you explore all of your legal options in the situation and determine an effective course of action. With careful preparation, you may ensure that a positive solution is reached for a parental relocation. When it comes to your family, trust a firm that has handled all kinds of family law issues involving divorce and related legal matters!
Schedule a free case consultation with Henrickson & Sereebutra!