Ordway Law Group, LLC
Ordway Law Group, LLC
Divorce & Family Law

Can my ex move to another state with my child?

On Behalf of | Jul 13, 2021 | Divorce |

Not having physical custody of your children can be challenging. Still, it might be bearable if your ex-spouse lives close by, where you can visit them often. However, your ex could move at any moment. They could even move out of the state and across the country if they want to, but not without your consent.

Your right to modify the order

Your ex will need your approval if they want to move your child out of the state. For this, they will send you a written notice 30 days before the move. If you consent, you need to file an agreement with the court. If you disapprove, you can ask for a child custody modification in court. The court will listen to your arguments regarding how staying would be in your child’s best interests. However, the court could accept the move if they consider that it would benefit your child. Some situations that would benefit your child are:

  • A new job opportunity
  • An educational opportunity
  • A new marriage

Even if the reason to move is a good one, the court can still deny your former spouse’s petition if they think that your child will suffer from your absence. They will also consider any history of family abuse.

Your child’s preference matters

In Georgia, a child can choose which parent to live with if they are over 14 years of age. However, the court can overrule their decision if they feel that it won’t be in their best interests. But it is possible for you to keep your child even if your ex moves to another state.

The decision of the court

In court, you and your ex will have the right to fight for your kid. If your former is spouse is thinking about relocation, you may want to seek legal representation to increase your chances of keeping your child nearby. They are your child also, and the court will consider your arguments and point of view before making any decision.

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