Can a Parent With Joint Custody of Children in Georgia Move the Children to Another State?
When parents share joint custody of a child and the primary custodian wants to relocate out of state, the parent must seek the court's permission. Under Scott v. Scott, a 2003 Georgia Supreme Court decision, relocation cannot be outright forbidden in a custody order.
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Relocation
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Relocation after a divorce can be a difficult issue. If a parent is permitted to move out of state with the child, the other parent's opportunity to exercise visitation may suffer. However, denying relocation may force a parent to turn down a better employment opportunity.
Intent to Move
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If a parent plans to relocate with the child, she must file a "notice of intent to move" with the court, in writing, no less than 30 days prior to the move. The other parent has the right to accept or reject the request. When the planned move is out of state, the parent can file a petition requesting a modification of custody. This means that the parent will be permitted to relocate, but a court may change custody and require that the child remain in Georgia with the other parent.
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Best Interests
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The court will consider the modification petition using the "best interests of the child" standard. The potential move is examined for how it may affect the child, including as it relates to visitation with either parent, distance from other family members and changes to the child's social and educational environments.
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