Relocation: Protecting A Child’s Best Interest
After a divorce, one of the most challenging aspects is navigating the issue of child relocation. The decision to move can have a significant impact on everyone involved, especially the child.
Child relocation after divorce can disrupt established routines and uproot children from their familiar environment, school, friends, and extended family. It can create significant emotional stress for the child and affect their overall well-being. As parents, it is crucial to approach child relocation decisions with sensitivity, considering the child’s best interests above all else.
At The Edwards Law Group, we understand the complexities and emotional toll that child relocation cases can bring. As leading Georgia child custody attorneys, we are here to provide sound legal guidance and unwavering support to our clients and community.
Georgia Laws and Child Relocation
Each situation regarding custody is evaluated individually and the courts have determined that a child’s best interest is best protected by involving both parents if possible. When the custodial parent decides to move or gives notice of their intention to move, and the non-custodial parent files for a custody modification, there is no automatic assumption that the relocating parent will lose custody or that the court will favor the relocating parent.
A significant court decision in the 2003 case of Bodne v. Bodne changed how custody laws and relocations are handled in Georgia. Now, nothing is automatically presumed when it comes to relocating a child, and the courts will consider various factors to determine what is in the child’s best interests. Like in many other states, Georgia courts require a finding of a significant change in circumstances that affects the child’s well-being before considering a modification based on relocation.
Georgia law generally requires custodial parents seeking to relocate with a child to provide written notice to the non-custodial parent at least 30 days before the proposed move. The non-custodial parent then has the right to file a modification action to contest the child relocating.
Factors Considered for Child Custody Relocation Modification
When determining whether to grant a child custody relocation modification, the court considers various factors, including:
- The child’s relationship with each parent and their extended family.
- The child’s age, preferences, and needs.
- The impact of the relocation on the child’s education, social life, and emotional well-being.
- The reasons for the proposed relocation.
- The potential benefits of the relocation for the child and the custodial parent.
- The feasibility of maintaining a meaningful relationship between the child and the non-custodial parent.
Can a Child Choose Not to Relocate?
According to Georgia law, children who are 14 years old or older have a say when choosing which parent they want to live with. The child’s decision to change their preference is considered a change in circumstances, which allows a judge to consider a modification request.
Unless the judge specifically determines that it would not be in the child’s best interests, the teenager’s choice will generally prevail, meaning they will be able to live with the parent they have chosen.
For younger adolescents, aged between 11 and 14, judges will take their wishes and educational needs into consideration. However, their preferences will not carry the same weight or legal effect as those of older children. Ultimately, judges have the authority to decide what would be in the child’s best interests based on all relevant factors.
What if the Child is Unlawfully Removed?
If a custodial parent moves without informing the other parent in advance, and the parties’ Court Order requires notification, the move would be considered to be a violation of the Court Order.
In such cases, the noncustodial parent has the option to file a motion with the court, requesting that the relocating parent be compelled to bring the child back to Georgia. Along with this motion, the noncustodial parent may also ask the judge to hold the relocating parent in contempt of court for the unauthorized move. Consequences for being found in contempt can include fines or even imprisonment.
If a child is unlawfully removed or retained in violation of custody or visitation orders, it is crucial to take immediate legal action. The Edwards Law Group can assist you in navigating the legal process to protect your child’s well-being and enforce custody rights.
Get Strong Legal Assistance for Your Child Relocation Case
Child relocation cases are emotionally challenging and require careful consideration of the child’s best interests. At The Edwards Law Group, we understand the complexities involved in child relocation matters and are dedicated to helping you protect your child’s well-being and preserve meaningful parent-child relationships.
Contact The Edwards Law Group today to schedule a consultation. Your child’s future is too important to leave to chance.
Call Us Today at 770.723.7211 or complete the form below to request your appointment.
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