Relocating with a Child After Divorce

A new job in another state. An opportunity to be closer to family. Or simply the chance for a fresh start somewhere new. Whatever the reason, relocating after a Georgia divorce is rarely as simple as packing boxes when children and a custody order are involved. Before making plans to move, it is important to understand how Georgia law may affect your ability to relocate with your child, and what could happen if the other parent objects.

Georgia Requires Advance Written Notice Before a Move

Under O.C.G.A. § 19-9-3(f)(3), a parent who intends to relocate must provide written notice to the other parent at least 30 days before the anticipated change of residence. If the relocating parent is the primary physical custodian, notice must also be provided to any other person who has been granted visitation or parenting time under Georgia law or an existing court order. The notice must comply with Georgia’s statutory requirements and, at a minimum, include the address of the new residence. It should also explain, where appropriate, how the proposed relocation may affect the existing custody and visitation arrangement.

This notice requirement is more than a procedural formality. Failing to provide the required notice when there is an existing custody order can constitute a willful violation of the custody order and can expose the relocating parent to serious consequences.  Depending on the circumstances, a parent who relocates without proper notice may face a contempt proceeding, resulting in sanctions including fines or even jail time in serious cases. It could also result in a possible modification of the existing custody arrangement.

The Shift in Georgia’s Relocation Laws

Georgia’s treatment of contested parental relocations changed significantly following the Georgia Supreme Court’s landmark 2003 decision in Bodne v. Bodne, 277 Ga. 445 (2003).

Before Bodne, Georgia courts generally applied a presumption favoring the existing custody arrangement when a primary physical custodian sought to relocate with the child. In effect, the primary custodian had a prima facie right to retain custody, and the noncustodial parent typically had to demonstrate that the proposed relocation would endanger the child’s well-being. This framework did not require the court to evaluate whether the relocation itself was in best interest of the child.

In Bodne, the Georgia Supreme Court rejected that approach and eliminated the automatic presumption favoring the existing custodial arrangement even when a relocation is contested. Instead, now, when a relocation is contested, courts must consider the particular circumstances of the case and determine whether the existing custody arrangement is in the child’s best interests of the child, given the anticipated relocation.  As a result, a contested relocation can lead the court to reconsider the existing custody arrangement based on the anticipated impact of the move on the child

What If the Other Parent Objects?

After receiving notice of a proposed relocation, the other parent may object and, if the move would affect the existing custody or parenting-time arrangement, may seek a modification of the existing custody order.

A court cannot order a parent to remain in a particular location simply to prevent the parent from relocating. However, the court may consider the proposed relocation in determining whether a material change in circumstances has occurred and, if so, whether modification of the existing custody arrangement is necessary to serve the child’s best interests in consideration of the proposed relocation.

When evaluating a contested relocation, the court may consider a range of factors, including:

• The child’s relationship with each parent and how the proposed relocation would affect those relationships;
• The child’s age, needs, and, when appropriate, preferences;
• The anticipated impact of the relocation on the child’s education, activities, community ties, and overall stability;
• The reasons for the proposed relocation;
• The distance between the current and proposed residences and the practical effect of that distance on the existing custody and parenting-time arrangement; and
• Any other circumstances relevant to determining how the proposed relocation would affect the child’s best interests.

Ultimately, the court’s focus is on the best interests of the child, rather than the competing preferences or desires of either parent. A relocation that may benefit one parent does not necessarily mean it will be in the child’s best interests, particularly if the move would significantly disrupt the child’s relationship with the other parent or the existing parenting arrangement.

Why Local Factors Often Matter More Than People Expect

For Atlanta-area families, the impact of local factors on a proposed relocation can be particularly significant. Even a move within Georgia can substantially affect a child’s daily life and, depending on the circumstances, may support a modification of an existing custody order.

Specifically, courts may closely consider how a proposed move would affect a child’s enrollment in a particular school district or educational program, the feasibility of regular parenting-time exchanges in light of increased distance and Atlanta-area traffic, the child’s ability to maintain established activities, friendships, family relationships, and community ties.

A move that may appear reasonable on paper can nevertheless meaningfully disrupt the child’s routine and/or an established, functioning parenting time schedule, and ultimately support a modification of an existing custody and/or parenting time arrangement.

Anticipating a Move? Contact Us Ahead of Time

Whether you are considering relocating with your child or concerned that the other parent’s proposed move could interfere with your parenting time with your child, understanding how Georgia’s relocation laws apply to your specific circumstances is critical before making any final decisions. Our Atlanta child custody attorneys at Kaye, Lembeck, Hitt & French are able to help parents throughout Atlanta navigate these situations. Contact our team today at 404-233-2800 to discuss your circumstances.