Atlanta Child Custody Relocation Attorneys
You want to protect your child as best you can. However, after a divorce, it can be more complicated to make critical parenting decisions for your children. Relocating for your professional development or better educational opportunities for your kids can seem like an easy win. Unfortunately, child custody relocation in Georgia is not always a simple process.
At Kessler & Solomiany, LLC, we know you want to do what’s best for your family. However, custody arrangements between parents can make relocation and childcare decisions challenging. Our experienced Atlanta child custody and visitation lawyers will work with you to make this transition and the next phase of your life as stress-free as possible.
If you are interested in relocating but worry about how this decision will impact your custody agreement, contact Kessler & Solomiany, LLC. We can review your situation, answer your questions, and help you find a path forward. Call our office at (404) 688-8810 to set up a confidential legal consultation to discuss your case.
Georgia Requirements for Child Relocation
There was once a time when Georgia courts considered it to be in the best interest of a child to remain with their custodial parent, even if that parent moved to a new state. However, this is no longer the case. In 2003, Georgia’s Supreme Court overturned a previous ruling that allowed custodial parents to freely relocate with a child unless the non-custodial parent could prove that the move would endanger the child’s mental, physical, or emotional well-being. This landmark ruling changed the child custody landscape and made relocating with a child more challenging.
Today, laws surrounding relocation are much different. If a custodial parent wishes to relocate out of Georgia with their child, they are legally required to notify the non-custodial parent 30 days before the move. This notification must include vital details such as the child and custodial parent’s new address.
The non-custodial parent can proceed in either one of two ways. First, they can agree to the terms of the relocation and draft an agreed-upon modified parenting plan. Both parents must agree to the plan in writing and have the draft notarized.
The alternative is the non-custodial parent objects to the relocation and files a request for a modification of custody. Modifying a child custody order will not necessarily prevent a custodial parent from moving. However, it can potentially prevent the parent from taking the child with them out-of-state.
Factors Georgia Courts Will Consider in Child Relocation Cases
How do the courts decide whether moving is in the best interest of the child? They will examine the case and closely review several vital factors before making a final decision. Some of the factors they will take under consideration include:
- The child’s emotional attachment to each parent
- The child’s emotional attachment to siblings or other relatives
- Each parent’s ability to provide for the child financially and emotionally
- The true motivation of both parents
- The stability of the child’s environment
- The stability of each parent’s home environment
- Whether each parent is co-parenting amicably
- How a move could impact a child’s relationship with friends and the community
- Whether the move will raise the child’s standard of living and offer additional opportunities
- The mental and physical health of each parent
- The child’s age and wishes
- A history of domestic violence, abuse, or neglect by either parent
The court’s primary objective is to do what is most suitable for the child, meaning they will rule in favor of the best interests of the child. Each parent must argue their case and present evidence demonstrating why leaving the state or staying in the state benefits the child.
Be aware that a modification to a child custody order may also include changes in the amount of child support that will be paid. A court could decide to alter child support payments to offset the higher transportation costs associated with visits from a child now living outside of Georgia.
Why You Need an Experienced Family Law Attorney on Your Side
The prospect of not being able to see your child regularly can be immensely frightening for a parent. You may be worried that a big move means less visitation time with your child. Or that not being able to move will limit your opportunities and hurt your child’s chances at a better living arrangement. Either way, you need the legal help and compassionate support that only an experienced Atlanta family law attorney can provide.
Rarely, parents will agree that relocation serves the best interests of their child. This amicable coming-to-terms can be resolved with minimal help from an attorney. Unfortunately, chances are good that your relocation case will end up back in court. At the first sign that your ex-spouse doesn’t agree with the direction you are taking, you need to talk to a seasoned family law attorney.
An attorney will start by reviewing your custody agreement and discussing your concerns about the relocation. Next, they will build a compelling case and support that case with crucial evidence. Finally, you will want an aggressive attorney by your side in court, fighting to protect the rights of you and your child.
The Georgia legal system can be complicated. Do not attempt to navigate the relocation process alone. Contact a family law attorney immediately to discuss your relocation and child custody options.
Protect Your Child and Contact an Experienced Family Law Attorney with Kessler & Solomiany, LLC Today
Moving can be a stressful and challenging time for anyone, and more so for children, if they are leaving one parent behind. If you are concerned about how relocation may impact your child custody arrangement, talk to one of the skilled Atlanta child custody and visitation attorneys at Kessler & Solomiany, LLC today.
At Kessler & Solomiany, LLC, we want the relocation child custody process to go as smoothly as possible. For a confidential consultation with a compassionate attorney, call our Atlanta office at (404) 688-8810. We can review your situation and discuss your legal options for moving forward. Let us help you resolve your relocation case in the most favorable way possible.