My Ex Is Moving Away With Our Children, What Can I Do?
If one parent moves to another state with the children, what should you do?
What will the move mean for visitation and custody? Those who share custody with their ex might ask these questions if they decide to move to another state.
Consider the advice of an Atlanta family law group if you are going through this.
Can My Ex Move Out of State With My Children?
Often, after a divorce, people relocate far from the city to have a fresh start. But what if the parent who has custody of the children decides to move out of state?
Here’s an Atlanta custody attorney’s advice: the custodial parent must receive permission from the other parent or courts before they decide to move out of the state of Georgia.
The parents will have to modify their child custody agreements with the custodial parent wishing to live in another state. If they share custody or have full custody, the same applies. These modifications can be obtained by reaching agreements, providing written notices, or obtaining a judicial order.
If you need help during this process, consider contacting an Atlanta family law group for assistance.
Full Custody or Joint Custody – What About Visitations?
When one parent decides to move out of the state with the children, it disrupts visitations. While courts prefer stability for kids, they also understand that our society makes it necessary to modify custody and parenting time agreements.
When the court permits a parent to relocate, the agreement regarding custody or visitation will more likely change regardless of the reason. The court, therefore, must take into account how relocation will affect the relationship between a non-custodial parent and their child.
A custody lawyer Atlanta can help you decide if full custody or joint custody is best for you. Read more about our child custody & parenting services.
Can You Come To an Agreement?
If one parent wants to move out of state, they will have to discuss it with the other parent. Both parents are going to have to reach an agreement on visitation and custody. When parents are on good terms with one another, this is possible.
Here’s a custody lawyer Atlanta advice: you still need to file your agreement with the court if you manage to come to terms on your own. The initial parenting plan remains in force unless the court approves a modified parenting plan.
What if You Disagree With the Move?
You will need to go to court if you disagree with the other parent moving to another state with the children. The court’s primary concern will be what’s best for the children and deciding if the move is right for them. If the courts agree with the move, you’ll have to prove why it could harm your relationship with the children.
If that’s the case, you’ll need to provide the court with evidence of why a move will be detrimental to your relationship with the children. Regardless of the standard of proof in your state, most courts consider these factors:
- In the case of special-needs children
- Parental financial impact
- A history of a parent disobeying court orders
- Child’s quality of life after the move
Trying to prove your reason for the move is not a good idea can be a complex process. However, Atlanta child custody lawyers can help you provide the right reasons why the child should stay in the state of Georgia.
How Can I Prove Staying Is in the Best Interest of the Children?
Courts will consider several factors when determining what’s in the best interest of the children. The child’s interests, whether the move affects sibling bonds, and whether or not the parent can afford the move are some of these factors.
Child custody lawyers Atlanta can help you prove to the courts why a move is not best for the children. If you know it is not in the best interest of your children to move out of state, take the next step below.
How Can My Attorney Help With My Custody Case?
In every case, North Georgia Family Lawyers, LLC will keep the children’s best interests in mind. You need to seek assistance if you believe your children may suffer in any way due to the move.
Contact an Atlanta child custody lawyer today!