It Is Important To Follow Proper Legal Steps When Relocating With A Child

At some point following many divorces, a custodial parent wants to move to a new city in Georgia or relocate to another state or even another country with a minor child. This may be possible, but it requires following a legal process that can take several months to complete, especially if the child's other parent challenges the relocation.

If you are a custodial parent who wishes to move with your child, it is important start the process early and to work with an experienced family law attorney who will ensure you follow the proper steps. Howard A. Gold, Attorney at Law, P.C., in Atlanta, represents parents in relocation cases. Mr. Gold assists parents who want to move with a child as well as noncustodial parents who want to contest a relocation in order to preserve their relationship with their child.

What The Court Considers

Georgia law states that a parent who wants to relocate with a minor child must provide the child's other parent 30 days notice. If you are a noncustodial parent who wishes to prevent your child from relocating with his or her custodial parent, it is important to respond promptly once you receive notice of the request to relocate. A motion to prevent a relocation must be filed in Georgia Superior Court.

As with most issues in divorce, it is best if both parties can reach agreement regarding relocation in order to eliminate the disruption it may cause for a child, not to mention the expense of litigating a relocation dispute. If you and your child's other parent are unable to reach agreement, the court will decide what is in the best interests of the child. A judge will consider a number of factors before making a decision, including:

  • The child's emotional attachment to both parents
  • The child's emotional attachment to siblings, half-siblings or step-siblings living in either parent's home
  • The reason(s) the custodial parent is requesting the right to relocate
  • The child's school and community involvement, including any special needs
  • Each parent's willingness to encourage a healthy relationship with the child's other parent

A Knowledgeable Lawyer Who Has Experience With Relocation Cases

Howard A. Gold is prepared to review the facts regarding your relocation case and recommend an effective course of action. Call 404-692-6470 to schedule a meeting.