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Moving Out of State

One of the first questions pondered by parents considering relocation out of state is if the relocation will cause the court to reconsider the current child custody arrangement. Specifically, custodial parents may wonder if they will lose custody of their child or children should they choose to relocate out of state for business or personal reasons.

Custodial parents should rest easy knowing that relocation is not an automatic grounds for child custody modification in Georgia. Put plainly, a custodial parent should not worry about automatically losing child custody due to relocation. However, this does not prevent a non-custodial parent from seeking a modification of child custody as a result of the custodial parent’s relocation. If a child custody modification action is initiated by a non-custodial parent, there will be no presumption that the relocating parent will lose custody, nor will there be a presumption that the relocating parent will maintain custody. See Weickert v. Weickert, 268 Ga. App 624 (2004); Bodne v. Bodne, 277 Ga. 445 (2003). As with all cases concerning the determination of child custody, the presiding court will consider the best interests of the child or children involved when making the child custody determination.

If you are a custodial parent concerned about maintaining custody of your child or children should you decide to relocate out of state, seek the counsel of a Georgia child custody attorney to help you protect your custodial rights.