My Ex-Spouse Wants to Move to Another State With Our Child. Can He Do That?

The brief answer to this question is: Although you cannot prevent your ex-spouse from relocating, you may be able to seek a modification of child custody to prevent your ex-spouse from relocating your child. Now for the more detailed response…

In cases where the custodial parent seeks to relocate with the child, the non-custodial parent may seek to modify custody in order to obtain primary physical custody of the child. As with initial child custody determinations in Georgia, in cases involving the relocation of the custodial parent, the primary consideration is the best interest of the child or children involved in the case. Because the best interests of a child vary depending on the circumstances of each case, there is no presumption that the relocating parent will always lose custody nor is there a presumption in favor of the relocating paren. See Weickert v. Weickert, 268 Ga. App 624 (2004); Bodne v. Bodne, 277 Ga. 445 (2003). Generally, in determining whether a child's best interest will be served by a modification of custody or by remaining in the custody of the relocating parent, the court will consider and weigh the following factors:

1. A child's relationship with a non-custodial parent;
2. The child's ties to local schools and friend;
3. The child's age;
4. The stress and instability of relocation and the corresponding benefits of consistency and stability for the child;
5. Interests of the entire binuclear family, which consists of the household headed by the custodial parent as well as the household headed by the non-custodial parent;
6. The custodial parent's reason for relocating;
7. The dynamics of the custodial parent's new family unit; and,
8. Any other relevant factors.

Bodne supra. Only if a court finds, after weighing the above listed factors, that a material change in the circumstances affecting the child would occur as a result of relocation will the court modify custody in favor of the parent protesting the relocation.

If you are a custodial parent currently considering relocation, or if you are a non-custodial parent concerned that your ex-spouse's relocation will have a negative impact on your parenting time or relationship with your child, contact your Atlanta Divorce Team for advice on how to navigate a possible relocation with your child or a child custody modification action.