Moving Out of Georgia With the Children
For many years, the established law in Georgia allowed the custodial parent to relocate at will, even to pull up stakes and move to some distant state with the kids. Under a landmark Georgia Supreme Court ruling in the last decade, the law now says "not so fast."
If the noncustodial parent objects to the relocation, a mini-trial is held to essentially determine child custody anew. The court will make the determination solely on the best interests of the children. Will the child have new opportunities, or be isolated? Does the child have a close relationship with the parent left behind? Is the move chiefly for the benefit or whims of the custodial parent?
The Shaw Law Firm, LLC, in Atlanta has represented parents on both sides of these bitter disputes. If you are thinking of moving out of Georgia, you will need to "have your ducks in a row" to convince the court that this is healthy for your child. If you are the noncustodial parent opposed to a relocation of your children, you need to act quickly to assert your rights and mount a legal challenge. Contact us today to arrange a discussion with our experienced lawyer.
Atlanta Parent Relocation Attorney
Attorney Scott W. Shaw has practiced exclusively in family law since 1995, and represents men and women across the Metro Atlanta area in custody litigation. He has handled many parent relocation hearings on behalf of custodial, noncustodial and shared custody parents.
The Bodne v. Bodne decision in 2003 dramatically shifted how relocation is handled in Georgia family courts. The custodial parent cannot simply move because of a new love interest, a desire for a fresh start or even to take a better job. That parent must provide justification for the move from the child's perspective.
The noncustodial parent can challenge the move and petition for primary custody, forcing the custodial parent to choose between "a new life" or retaining custody. In other words, a parent is free to relocate but not free to take the children along. However, the noncustodial parent also has a burden to show that it is in the best interests of the child to stay in Georgia, and that the parent-child relationship would suffer if the relocation were granted.
Experienced Advocacy for Complex Custody Disputes
These are complex and hard-fought cases. We help our clients step back and keep the focus on what is best for the child, but we understand that sometimes there is no middle ground and sometimes the other parent forces a fight. Scott Shaw is an accomplished courtroom litigator who knows the law and how to position his clients for the best chance of success.
If you are interested in scheduling an in-person consultation to discuss your custody dispute in more detail, please
contact our Atlanta office today at 678-292-5865 to speak with Sandy Springs move-away attorney Scott Shaw.
