Legal Question in Family Law in Georgia

My divorce decree reads I have physical custody with 50/50 visitation. It also states if either of us move outside a 50 mile radius of this town, the visitation is void and we'd have to go back to court to determine it, and we'd have to give each other a 60-day written notice of said move. My ex moved 120 miles away after the divorce was finalized. We verbally agreed on a new set of visitation terms since he was no longer able to have 50/50 due to living that far away.

If he eventually moves back to this area, will the visitation automatically be restored to 50/50, or do I have the power to change it since he broke the agreement? I now have opportunities that involve me moving out of state, and I need to know what ground I have to stand on. Could he fight me on it, even though he broke our visitation terms? What if he moves back here prior to me relocating? Any info would be helpful. Thanks!


Asked on 3/27/14, 10:37 am

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

I cannot fathom a Georgia judge signing off on what you said, so perhaps you misstated it. But regardless, you need a lawyer and need one now. No one who has not read the papers will be able to answer, because paperwork that "voids" visitation based on moving is likely against public policy and voidable by a court.

Read more
Answered on 3/27/14, 11:44 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Georgia