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

Issues with relocation of the custodial parent after divorce

On Behalf of | Jan 18, 2023 | Family Law |

When you separated from your former spouse, you likely had to create a parenting plan and custody agreement for your children. Most of the time these agreements work for both parents, but there are times when they can create challenges.

If you have custody of your children and you get a job offer from an out-of-state company, you may find your custody agreement restrictive. These are a few issues you may encounter.

You need your co-parent’s permission

In most states, you need to inform your co-parent of your intention to move. Even moving 50 to 100 miles or more from your current location may require permission. You should discuss any move that may inhibit your former spouse’s relationship with your children, and you should submit a notice in writing well in advance.

However, many states also require written permission from your former spouse before you move.

You need to see a judge

If you do not receive written permission, you likely have to file a petition with the court. In Georgia, the judge weighs the move’s impact on the children’s relationship with both parents. The goal is to rule in the best interest of the children. The courts look at your ability to provide for your children and your understanding of their needs. They consider stability and family support.

A judge will evaluate your and your co-parent’s involvement in your children’s lives. For example, do you both attend extracurricular activities, participate in their education and monitor their social lives? The judge also evaluates any history of abuse or violence.

Relocating without permission may result in jail time and fines because the police could charge you with kidnapping or parental child abduction. You may also lose primary custody. Therefore, follow the law before moving your children out of state.

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