Legal Question in Family Law in Georgia

Custodial Parent Relocation

My husband and his ex-wife have joint legal custoday but she has primary physical custody because we do not reside in the same state (we live in NC). They currently live about 250 miles away in GA, however, they are planning to move to the opposite coast, about 2500 miles away. What recourse do we have?


Asked on 2/19/08, 11:06 am

1 Answer from Attorneys

Stephen Worrall The Manely Firm, P.C.

Re: Custodial Parent Relocation

You can file a motion to modify custody or visitation (child support may also need to be modified to account for travel expenses to exercise time with the children). Where this needs to be done will depend on facts not listed in your question. If the custody order was entered in state where either party or the children still live, that state will probably (depending on which states and whether they have passed a certain uniform law) have jurisidction over the modification. If neither parent or the children still live in the state where the order was entered, it would probably be in Georgia where the children are now.

The facts are very important to answer these questions and your husband should consult with an attorney right away.

For more general information see my blog under the category Relocation at http://www.gafamilylawblog.com/relocation/index.html

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Answered on 2/19/08, 11:33 am


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