Thinking of Moving? Navigating the Complexities of Relocating with Children After Divorce in Georgia
Divorce can mark the beginning of a new chapter in life, often filled with changes and adjustments. One significant change that frequently arises is the need or desire by one of the parties to relocate, especially when children are involved. For divorced parents in Georgia, relocating with children is not just a personal decision—it can also be a legal matter that requires careful consideration and adherence to specific procedures. In this guide, we’ll explore the legal considerations and processes involved in relocating with children after a divorce in Georgia.
Understanding Georgia’s Legal Framework for Relocation
In Georgia, the primary concern in any decision involving children is their best interests. This principle also generally governs cases of parental relocation. The law recognizes that circumstances such as employment opportunities, remarriage, or proximity to extended family might necessitate a move by one of the parents (and, consequently, the children). However, courts also understand the impact such a move can have on the children’s well-being and the non-relocating parent’s rights.
Generally speaking, courts cannot prohibit either party from moving or relocating out of state. However, the court can decide whether the children should be permitted to relocate with the moving parent, or whether custody should be changed such that the children remain in Georgia with the non-moving parent.
Legal Obligations of the Relocating Parent
The first step for a parent considering relocation is to review their divorce decree and any custody agreement or order. These documents usually contain specific provisions or stipulations about moving with children. Generally, Georgia law and most Georgia parenting plans require the relocating parent to provide notice to the other parent. This notice usually should be:
Written: The notice must be in writing, clearly stating the intent to move.
Timely: Typically, the notice must be given at least 30 days before the planned move.
Detailed: The notice should include the new address, if known, and contact information for the relocating parent and the children upon the intended move.
Responding to the Relocation Notice
Upon receiving the relocation notice, the non-relocating parent has certain rights. They can:
Consent: Agree to the relocation and work out a new custody and visitation arrangement, either formally or informally.
Contest: Disagree with the move and file a petition in court to prevent the relocation of the children or modify custody and visitation to account for the move.
Court’s Role in Relocation Cases
If the non-relocating parent contests the move, the matter will often proceed to court by way of a custody or visitation modification action. If either party files for a modification of custody, the filing party must first establish that there has been a material change of circumstances since the last custody order was entered. Under Georgia law, relocation of one parent to another state does not alone constitute a material change in circumstances. Brazil v. Williams, 359 Ga. App. 487 (2021). However, the move, coupled with other changes since the last order, may be sufficient in many cases.
Once you establish a change in circumstances, the court’s role is to determine whether the relocation is in the child’s best interests (or what new custody/parenting time schedule is in their best interests, given the changes). Factors the court may consider include (among others):
The Reason for the Move: Legitimate reasons like career advancement or proximity to family support may weigh in favor of relocation.
The Impact on the Child: The court evaluates how the move will affect the child’s emotional, physical, and educational well-being.
The Relationship with Both Parents: Maintaining a relationship with both parents is crucial. The court examines how the move will impact the child's relationship with the non-relocating parent.
The Child’s Preference: Depending on the child’s age and maturity, their preference might be considered.
The Ability to Preserve the Relationship with the Non-relocating Parent: The feasibility of maintaining a meaningful relationship through visitation schedules, virtual communication, etc., is essential.
Developing a New Custody and Visitation Plan
Upon the relocation of one of the parents—and regardless of whether the children stay in Georgia or relocate out of state—a new custody and visitation arrangement will likely be necessary. This plan should address:
Long-Distance Visitation: Establishing a schedule for school breaks, holidays, and extended summer visits can help maintain a strong bond with the non-relocating parent.
Travel Arrangements and Costs: Deciding who will bear the travel expenses and the logistics of travel is critical.
Virtual Communication: Facilitating regular phone calls, video chats, and other forms of digital communication can support ongoing parent-child relationships.
Tips for a Smooth Transition
Open Communication: Keep open lines of communication with your ex-spouse and children. Discuss the move openly and honestly, considering everyone's feelings and concerns.
Legal Guidance: Consult with a family law attorney to understand your rights and responsibilities and to ensure compliance with legal requirements.
Prioritize Your Child’s Needs: Throughout the process, keep your child's emotional and physical well-being at the forefront.
Plan for Adjustments: Be prepared for a period of adjustment post-relocation and be supportive of your child during this transition.
Conclusion
Relocating with children after a divorce in Georgia involves a delicate balance of legal obligations, parental rights, and the children’s best interests. Understanding the legal framework and preparing adequately for court proceedings, if necessary, are crucial steps. Always prioritize open communication and the well-being of your children during this process.
At Resurgens Legal Counsel, we understand the complexities and sensitivities surrounding post-divorce relocation with children. We are dedicated to providing guidance and support to ensure that your relocation process is as smooth and compliant with Georgia law as possible. For personalized advice and assistance, schedule a consultation with us today at 770-765-7550 or through our website.