Can you relocate with your children after divorce?

On Behalf of | Jul 20, 2020 | Divorce Law |

If a work opportunity or personal event requires you to move from Georgia, you may give little thought to the logistics beyond what lies ahead. You will likely plan on taking your children with you. But this matter could become complicated if you are divorced. Whether you have sole or joint custody of your children, you must consult your former spouse before moving out of state. And there are ways they can motion to prevent you from leaving Georgia.

Georgia’s relocation laws

You and your former spouse may have an amicable relationship. If you do, you two may be able to work out a custody agreement about your move together. But often, relocation matters end up settled in court. Georgia law permits the relocation of children if it is in their best interest. To determine it, a judge will weigh a variety of factors, which could lead to the approval or rejection of your relocation request. These factors include:

  • Your reason for moving
  • Your employment prospects upon moving
  • Whether moving will harm your children’s relationship with their other parent

Potential challenges to relocation

Keep in mind that you must provide your former spouse with written notification of your new address at least 60 days before your planned relocation. You must acknowledge, too, that they may contest your children moving with you. While your former spouse cannot prevent you from moving altogether, they may motion to revisit your custody agreement. After receiving notification of your new address, they have 33 days to do so. If a court finds that moving is not in your children’s best interest, they may award your former spouse custody.

Relocating with your children will be difficult if you are divorced. If you’re planning on moving, you do not need to navigate this process alone. An attorney with family law experience can help you work through any custody issues that arise.