A child custody agreement defines your rights and responsibilities as a parent. It might grant joint custody, but that doesn’t mean you have the freedom to relocate with your child without consulting the other parent. In some situations, you might require a court order to move away with your child.
As Douglasville, Georgia’s premier family law and divorce attorneys, we help parents protect their rights and their children’s best interests. Our family law firm is comprised of experienced lawyers who are seasoned trial attorneys and highly skilled negotiators. Our legal team has more than 40 years of combined experience in family law. Call today (470) 308-5409
If you have questions about relocating with your child, contact our Douglasville move-away lawyers at Bardley McKnight Law for a confidential consultation. We can assist you with all matters related to child custody and relocation.
How Our Douglasville Family Law Attorneys Can Help if You Want to Move Away With Your Children
The court recognizes that circumstances change that might require a parent to move. When this occurs, the parent’s relocation impacts the children and the other parent. Custody and visitation might need to be modified to accommodate the new living situation.
When you fight to protect your child, you need lawyers who put your family’s needs and best interests first. You want an attorney who will pursue settlements through mediation whenever possible to avoid costly, lengthy, and stressful litigation. However, your attorney should also be an aggressive trial lawyer who will fiercely advocate for you and your child in court, if necessary.
Whether you are petitioning to move away with your child or you are fighting the relocation of your child, Bardley McKnight Law is here to help.
When you hire our top-rated Douglasville child custody lawyers, you can expect us to:
- Listen to you as you explain your situation so that we have a complete understanding of what is needed
- Explain how Georgia child custody laws apply in your situation
- Gather evidence to support your position regarding the relocation
- Work with you and your child’s other parent to negotiate a settlement agreement, if possible
- Hire child psychologists, custody evaluators, and other experts as needed
- Advocate for you and your child in court, if necessary
Hiring a Douglasville move-away attorney can significantly benefit you and your children when dealing with a relocation issue. Contact Bardley McKnight Law to schedule a case evaluation with an experienced family law attorney in Douglasville, GA.
Georgia Laws for Child Relocation
Georgia child custody laws allow modifications of custody and visitation. When parents can agree, it makes the child relocation legal process easier. Parents working together to develop a new plan for parenting time and visitation can make the changes and the move less stressful for their children.
As with all child custody matters, Georgia courts determine relocation requests based on the best interests of the child. Therefore, the judge does not automatically grant a request to move away.
Typically, judges consider modifications of existing custody orders once every two years. However, if there is a significant change in circumstances, parents can petition the court at any time. Moving to a new home in another town or state would likely be considered a significant change in the family’s circumstances.
What Factors Does the Court Use to Decide Requests for Relocation and Modification of Custody Orders in Douglasville, Georgia?
Judges consider several factors when deciding a request for relocation with a child, including:
- The reason a parent has for relocating
- How the relocation will impact a child’s relationship with the non-custodial parent
- The relationship between each parent and the child
- The relationship between the parents
- Opportunities the child may have in their new home
- The impact the move could have on the child’s relationships with other family members and friends
- How the move will affect the child’s education and other important aspects of a child’s life
- Any issues related to substance abuse or domestic violence
- The stability of the child’s current living situation
- How the parents have addressed relocation in a parenting plan
Parents without a valid reason for relocation might have a tough battle to gain approval for relocating a child. Furthermore, Georgia Code Section 19-9-3 provides that a child 14 years or older has the presumptive right to select the parent with whom they want to live. Additionally, judges may consider the desires of children between the ages of 11 and 13 when deciding custody matters.
How Far in Advance Must I Tell My Child’s Other Parent That We Intend To Move?
Typically, you must give your child’s other parent written notice of the intent to relocate 30 days before the move if the parent has parenting time or visitation rights. The notice must provide the proposed change of address.
A parent can contest a request to relocate a child. Parents who want to move away with their child must be prepared to make a compelling argument to the judge that the move is in the child’s best interest. Likewise, if you object to a motion to relocate, you should be prepared to convince the judge that the move is not in your child’s best interest.
Schedule a Confidential Consultation With Our Douglasville Move-Away Lawyers
Are you or your ex trying to relocate with your child? If so, it is crucial that you consult an experienced Douglasville child custody attorney. You need to understand your legal rights and obligations regarding relocation.
Contact Bardley McKnight Law to schedule a consultation with an experienced Douglasville move-away attorney to learn about your legal options. We are here to provide support, guidance, and legal counsel as you deal with issues related to the relocation of a child.