Relocation can create challenges in a child custody arrangement. Under Georgia law, a significant move may require modifying a custody agreement to protect the child’s best interests. 

Whether a modification is necessary depends on the specifics of the relocation and how it affects the current parenting plan.

Providing a relocation notice

When a parent plans to relocate, Georgia law requires that the relocating parent notify the other parent of the move. The notice must include details such as the new address and the moving date. Typically, the notification must occur at least 30 days before the move. This allows time for the non-relocating parent to raise concerns or seek a custody modification.

Understanding the impact of relocation

The court may require a custody modification if the move significantly impacts the existing arrangement. For example, if the relocation makes the current visitation schedule impractical, a judge may consider adjusting the plan. Similarly, a modification may be necessary if the move could disrupt the child’s education, relationships with family members or general stability. The court always prioritizes the child’s well-being and may modify custody or visitation terms to minimize negative effects.

Legitimizing the relocation

The court also considers whether the relocation serves a legitimate purpose. A move for a better job opportunity or to be closer to family support are typically valid reasons. However, a move intended to limit the other parent’s time with the child could be harmful to the child’s best interests. The judge will weigh these factors when deciding whether a modification is necessary.

Resolving modification disputes

Parents who disagree about custody modifications often resolve their disputes in court. Judges examine the evidence and testimonies to decide if the move requires changes to custody or visitation terms. The goal is to follow fair custody laws and create a plan that maintains the child’s strong relationship with both parents and supports the child’s emotional and physical well-being.

Relocation can complicate parenting plans, but Georgia courts aim to ensure that custody arrangements remain focused on the child’s needs. Parents should act promptly to address potential conflicts and adjust agreements when necessary.