Sharing custody of your child with a former spouse is never easy. Even if you’re on good terms with your co-parent, there are many challenges to navigate while ensuring you both make decisions in your child’s best interests. These issues can be tricky when you and your former partner live nearby, but they can be especially thorny when much larger physical distances are involved.
The court system generally expects co-parents to resolve most disputes independently, but some problems may require mediation or legal intervention. Parental relocation (also known as a move-away case) is one such potential sticking point. If one parent intends to move away and take the child with them, it can have potentially serious ramifications for the overall custody agreement.
What Is a Parental Relocation Case?
Parental relocation cases involve one co-parent (typically the parent with primary custody) relocating to a new location and taking their child with them. This change in physical location can substantially affect current shared custody agreements, potentially making it more difficult for the other parent to see their child or meaningfully make decisions regarding education, socialization, or other aspects of their life.
Georgia law generally makes the process of moving with joint custody agreements slightly more complex than simply packing up and leaving. The parent with primary custody must provide written notice to the parent without custody, and both parents must sign and submit an agreement to the court. For non-contentious moves, this process is effectively a formality.
However, the non-custodial parent may also object to the relocation, in which case both parents can argue their points during a hearing. This process can potentially result in the court denying the custodial parent’s initial petition, in which case that parent may ultimately need to modify their plans or otherwise address the needs of the non-custodial parent and the child.
When Can You Raise Objections to a Relocation?
The simple answer is that you are never required to consent to a petition for relocation. You can raise objections for any reason, and you will have an opportunity to present your concerns to the court. On the other hand, presenting a successful case means raising genuine concerns about your child’s welfare or wishes and understanding the factors the judge will likely use to arrive at their decision.
The most common concerns for parental relocation usually revolve around disruption to the child’s life or their ability to maintain ties with friends, family, or important community members. Moves can often be highly disruptive, and the effects can be particularly prevalent in children who move often or over long distances. Younger children are also more likely to suffer negative effects.
Judges will also consider the motives behind the move. While a primary caregiver relocating for work or financial reasons is rarely an issue, there may be a problem if the goal of the move is to prevent visitation by the non-custodial parent. The court will consider the prior nature of the co-parenting relationship and other evidence to help understand the motivation of both parties.
Why Should You Consult With an Attorney for Parental Relocation Issues?
You don’t need a lawyer to represent you during a parental relocation hearing, but having an attorney on your side can be beneficial in numerous ways. These hearings often rely on presenting evidence that shows the nature of both parents’ relationships with the child and any potential harm that may arise from the move.
A lawyer can help you gather this evidence and can also assist in mediation before your hearing. In some cases, you may be able to make arrangements with your former spouse to make their move more acceptable. If you can’t reach an agreement, your attorney can work with you to present a solid case at your hearing or, if necessary, begin the petition process for modifying your custody arrangements.
North Metro Litigators understands that family law situations involving child custody can often be emotionally challenging. We have experience in all aspects of family law, including parental relocation cases. Get in touch today so our attorneys can help you work through this difficult situation and maintain your relationship with your child.
