Last updated on September 3, 2021
After your divorce, it’s likely that both you and your ex-spouse will make all sorts of changes to your lifestyles – including career changes, remarriages and even relocation. If your ex-spouse gains primary custody of your children, it can be upsetting to think of the possibility of your ex-spouse taking the children far away, making it harder for you to see them regularly. If this happens to you, is there anything you can do to stop them?
The notice requirement
Georgia law requires custodial parents to give the court – and their child’s other parent – at least 30 days’ notice before the day they intend to move.
This is great news for you, because it means that your ex-spouse can’t blindside you with the news of their move. They must give you time that you can use to prepare your objection to their move. The court will then consider your ex-spouse’s reason for wanting to move, together with your opposition to the move, and decide whether to grant them permission to move or not.
How courts decide
Just like when they determined the initial custody arrangement of your children, the court’s main priority will always be your children’s wellbeing. This means that they’ll look at the possibility of granting or denying permission to move based on how it would benefit your children.
Courts know that it’s extremely important for children to maintain a close relationship with both parents in most cases. Thus, if the move will greatly hamper your ability to maintain your current visitation schedule with your children, and there isn’t an equivalent benefit to the move, it’s possible that they might decide that it’s in the best interest of your children to deny the move.
If your ex-spouse tries to move without first seeking permission from the court, they could face serious consequences. The court might even revise your custody arrangement.
The thought of your ex taking your children farther away from you can be quite difficult to deal with. Fortunately, you will have a chance to prepare a solid argument with your attorney for why the court should deny the move and keep your children close to you.
