Gracewood Parental Relocation
After a divorce, relocating to another area—whether within the same state or elsewhere—can help either party start afresh without dwelling on the past. If there are children involved, the custodial parent can bring them along, providing a new beginning.
However, legal complexities can arise in parental and child relocation, placing the other parent at a disadvantage as they must now manage logistics to maintain regular communication with their children. In Gracewood, GA, the relocating parent must ensure that the move will not hinder the familial relationship between the non-relocating parent and their children. Court approval is necessary, with the child’s interests being a crucial consideration.
For these situations, trust our Gracewood parental relocation lawyers at Joseph T. Rhodes Law Firm to guide you through the legal process of obtaining approval or modification for the relocation. We can assist either party—the relocating or non-relocating parent—in understanding the relevant laws and ensuring that parenting plans are adapted to the new circumstances. If the other party opposes the relocation, our legal team will support and argue against it.
Call Joseph T. Rhodes Law Firm at (706) 914-2904 for your Free Initial Consultation with our Gracewood Parental Relocation Attorney!
Definition of Relocation in Georgia
Parental relocation is defined as the change of residence by a parent after a divorce, accompanied by the relocation of their children. In most scenarios, the court grants one party full custody, allowing them the right to move without any complications. Nevertheless, in recent years, courts have increasingly scrutinized cases to assess whether relocation will be in the best interest of the child in the long run.
Georgia state law also requires custodial parents who wish to relocate to do the following:
- The non-custodial parent must receive a 30-day notice from the custodial parent before they move to a new location with the children. The notice must also be given to any party entitled to visitation rights.
- If the non-custodial parent agrees to the relocation, a new visitation schedule and custody arrangement must match the new arrangement.
If the move requires moving to a different state or country, the custodial parent must get the written consent of the non-custodial parent before they can proceed with the move.
Court Involvement in Parental Relocation
If the non-custodial parent opposes the relocation, they may file a written request with the court to block the move temporarily and seek a change to the custody order and parenting time. The court will review the request to determine if the custodial parent’s relocation with their child benefits the children. The court also intervenes if the non-custodial parent fails to respond within 30 days.
The court will utilize various factors to determine whether relocation should be permitted. For the court, the child’s best interests must be prioritized and considered before allowing the move. In some situations, the court may ask the child about their preferences, as they will be most affected by the relocation. The court may also appoint a guardian ad litem to check if the child’s conditions in their new home are favorable and make recommendations for custody changes and relocation.
If the court does not approve the relocation, and the custodial parent violates the court order by moving, they may be found guilty of contempt. Some of the sanctions they may face include jail time, fines, and even the loss of custodial powers.
Given the nature of Georgia’s laws on relocation and custody, you can trust our Gracewood child and parental relocation lawyers to help you understand and address your relocation concerns. Our legal team will review your case and design the best defense to ensure that the relocation will not affect any arrangements you have for your children. Should the moving parent violate the court order if the relocation is not approved, our team can act immediately to get the court to respond accordingly.
Child Relocation and Custody Orders
In child custody cases in Georgia, judges consider a comprehensive list of factors to determine whether a custody ruling should be maintained or if modifications are necessary. If a custodial parent is contemplating relocation, the judge will apply the same factors to assess whether adjustments to child custody orders are warranted, taking into account the specifics of each case. Non-custodial parents also have the right to request a custody modification upon receiving a relocation notice. Both parties must present evidence supporting their positions, and the child’s guardian ad litem will be consulted for their recommendations before the court reaches a decision.
Our Gracewood parental relocation lawyers can advocate for your custody arrangements affected by the relocation. If you are the custodial parent, we will fight for your ongoing rights and ensure a seamless relocation process. Meanwhile, if you are the non-custodial parent challenging the custodial parent’s relocation with the children, you can trust us to advocate for a custody change.
Additional Protections for Non-Moving Parents
If you are a non-custodial parent and you receive a relocation notice from the other parent, Georgia law lists several steps for you to take to protect your parental rights and your relationship with your child.
Some of these protections are as follows:
Mediation
Before going to a full legal battle against the move, non-moving parents can mediate with the relocating parent to reach an agreement allowing for regular visitation and revised custody arrangements after the relocation.
Modification of parenting and visitation schedules
Parenting and visitation schedules must be adjusted before a relocation is approved. The new plan must consider both parents’ location and the children’s needs, especially after the move.
Litigation
If the custodial parent does not comply with the court order preventing relocation and denies the non-custodial parent’s rights to be involved in their child’s life after the move, litigation is a viable step to consider. The court will review the case, and if it finds the allegations are valid, it may order a custody change and impose legal charges against the custodial parent.
You can rely on your assigned Gracewood parental relocation lawyer to guide you through the various options available to protect your parental rights and maintain access to your children. We will strive to minimize any impact the relocation may have on you and your child, serving as your legal representative as we work towards finding a viable solution to your situation.
Free Consultation Today
As a divorced parent, you have the right to relocate with your children to a new location for a fresh start. However, it is crucial to ensure that your move will not adversely affect the other parent’s opportunity to bond with your children and provide for them.
Our Gracewood, GA family law firm is ready to assist parents with their relocation concerns and ensure that all legal aspects are addressed before any move takes place. Our legal team will closely examine your situation. If relocation is on the table, we will collaborate with all parties to create the best arrangements, ensuring that the children can maintain a connection with their other parents, even in a new location. Count on us to guide you through the various legal issues that may arise during the case and take appropriate action.
Call Joseph T. Rhodes Law Firm at (706) 914-2904 for your Free Initial Consultation with our Gracewood Parental Relocation Attorney!