Legal Question in Family Law in Georgia

Is the child's health the big issue

I have a friend who was married in GA had a daughter in GA but moved to NYC over two years ago and has been living with her daughter in the city for that time. Now the father is forcing the child to move back to GA even though the mother has a stable career in NYC. If the mother does not move back to GA with her child he will obtain primary custody. I know the law favors the father because he is an able father and the child was born in GA. However the child has horrible Asthma and Atlanta (the residence of the father) is Number one in the nation for pollen, smog, and pollution. Numerous reports show that ATL has the worst air quality in the nation. Does this effect the case at all and is it grounds to keep the child in NYC?


Asked on 6/02/07, 2:10 pm

1 Answer from Attorneys
Scot Sikes Law Offices of Scot Sikes

Re: Is the child's health the big issue

The law (and the judges I practice before) are always going to apply the "best interests of the child." The question is whether there exists an agreement between these divorced parents which limits the distance one or the other can move away? In other words, if a settlement agreement governs their lives, are certain rules invoked when one of them moves away? Even if there is such an agreement, I would not consider it a given that the father has "the upper hand" here. You need an attorney to discuss the possibilities.

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Answered on 6/03/07, 7:35 am


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