About Relocation in Alpharetta
Understanding Parental Rights in Relocations
After a divorce has been finalized, often one party decides that a move to a new place would be a good option, either to move closer to family, pursue a new career opportunity, or simply make a fresh start. If that person shares custody with a child under the age of 14, such a move may present complications with the other parent.
At The Law Offices of Daniel W. Mitnick & Associates, our associates have over 25 years of experience handling every type of child custody issue imaginable. We have been working in the local courts for many years, over which time we have earned the respect of local judges and attorneys alike. When you retain our firm, we will get to work immediately representing your interests in your child relocation case.
When a Parent Wants to Move Away With a Child
Once a determination of child custody has been made, the court cannot prohibit a parent from moving to another county or even another state. Unlike many other states, Georgia law does not restrict a parent’s ability to relocate.
Georgia does not have a specific law that addresses relocation, however, it does state that the party relocating must give the other parent 30 days’ notice before the move. If the custodial parent decides to move away, the other parent maintains the right to file a modification action.
A relocation will not necessarily change custody, but the decision to move with the children will change the circumstances and will certainly warrant a review from the court.
Best Interests of the Child Doctrine
If one parent wishes to move out of state and the other parent objects, the objecting parent can petition the court for a modification of the custody award. Since the courts do not have a presumption that is for or against parental relocations, the court handles relocations on a case-by-case basis.
The court will review the facts of the case and make a determination based on the child’s best interests. Some of the factors the judge will consider include:
- The child’s relationship with each parent
- The child’s relationship with their siblings and where their siblings will live
- Each parent’s ability to provide for the child’s material needs
- The living arrangements of each parent
- Any history of substance abuse or domestic violence
- The mental and physical health of each parent
Once a child turns 14, he or she may choose who they want to live with, and he or she may request a change in custody once every two years thereafter.
Contact an Alpharetta Child Custody Lawyer
If you would like to move forward with your parental relocation case, we encourage you to contact an Alpharetta family law attorney from The Law Offices of Daniel W. Mitnick & Associates today. We proudly offer free telephone consultations to all potential clients.[/vc_column_text][/vc_column][/vc_row]