Moving With or Without Court Approval
Are you a parent with split child custody in Georgia? If you or your co-parent is considering moving, there could be significant implications for your rights. Court approval may even be required. At Meriwether & Tharp, LLC, our Georgia child custody attorneys help parents navigate the challenges of relocation cases.
What is Parental Relocation in Georgia?
Broadly speaking, parental relocation in Georgia occurs when a divorced or separated parent with shared custody moves with a child. Our state has family law regulations that restrict certain types of moves. Court approval may be required depending on the distance and/or the specific structure of the child custody arrangement.
However, unlike some other states, Georgia does not have a standalone parental relocation statute. There is no one law setting the restrictions. However, that does not mean there is no law in place. Quite the contrary, parental relocation disputes are handled under the broader custody and parenting-time provisions in O.C.G.A. §§ 19-9-1 and 19-9-3, as well as the terms of any existing order.
Relocation Cases in Georgia Start With Any Existing Custody Order and/or Parenting Plan
The starting point in any Georgia relocation case is the current order. Final custody and modification orders must incorporate a parenting plan, which generally sets out where the child will be, how parenting time will work, and how exchanges will occur. Notably, the specific terms of any such plan also matter. Indeed, some child custody orders contain geographic restrictions or detailed transportation terms. However, others do not.
If the existing order bars removal from a defined area, a parent usually cannot relocate with the child outside that area without either the other parent's consent or a court-approved modification. If the order does not contain a geographic restriction, Georgia law still may require written notice of a change of residence, including at least 30 days' notice to the other parent and, in some cases, to other persons with visitation rights.
Note: It is important to clarify that notice is not the same thing as permission. A parent can satisfy a notice rule and still face a modification action if the move materially affects the child.
Is Court Approval Actually Required to Move With a Child? (The Answer: It Depends)
In Georgia, some parental moves with a child require court approval. Other moves do not. There is no state statute setting a specific number of miles that determines whether court approval is required. Instead, the need for court approval (or its absence) in parental relocation cases is highly fact-specific. Here are the considerations:
- The Terms of the Custody Order/Parenting Plan: Take a careful look at your child custody order and/or parenting plan. It may say that court approval is required for a relocation beyond a certain number of miles or across city or county lines. If that is the case, then court approval is required. If it is not the case, approval may still be required.
- The Extent of the Move (Material Change in Circumstances): Even if a child custody order or parenting plan is silent on whether or not court approval is required for a relocation, it might still be needed. If a move is so significant that it is deemed a substantial and material change in circumstances, approval will likely be required.
A Parent May Move Personally Without Advance Approval: Moving With a Kid is Complicated
Georgia law does not automatically require court approval every time a parent changes residences. A parent can often move as an adult without first seeking the court's permission. The harder legal question is whether the child will move too, and whether that relocation conflicts with the custody order or materially disrupts the existing parenting arrangement. Georgia appellate courts have made clear that relocation alone does not automatically justify a custody change, but relocation also carries no presumption in favor of the moving parent.
Parental Relocation Disputes are Resolved in the Best Interests of the Child
In Georgia, once a material change is established, the court must decide what arrangement best promotes the child's welfare and happiness under O.C.G.A. § 19-9-3. That is in the best interests of the child standard. To be clear, our state rejects rigid presumptions in these cases. A relocating parent does not automatically lose custody. Along the same lines, a relocating parent also does not receive deference simply because he or she is the current primary custodian. Courts instead look at the actual effect of the move. Relevant facts may include:
- The distance of the relocation;
- The extent of disruption to the nonmoving parent's access;
- Any changes in school district;
- Neighborhood safety and related factors;
- The child's need for continuity;
- Each parent's historical involvement; and
- Whether the proposed plan preserves meaningful ongoing contact.
How Our Georgia Custody Lawyers Can Help With a Parental Relocation Case
Parental relocation can be a complicated issue in Georgia. Depending on the specific circumstances, court approval may be required when a divorced/separated parent moves with a child. At Meriwether & Tharp, LLC, we are a compassionate, solutions-focused family law firm that is committed to providing top-tier legal guidance and support to clients. Your initial consultation with a Georgia child custody lawyer for parental relocation cases is strictly confidential.
Speak With a Georgia Child Custody Attorney for a Parental Relocation Case Today
At Meriwether & Tharp, LLC, our Georgia child custody lawyers help parents navigate the full range of relocation cases. If you have any questions about moving with a child who is subject to a custody order/agreement, we can help. Contact us today to set up a completely confidential, no obligation initial case evaluation. We advocate for parents throughout Georgia.