Legal Question in Family Law in Georgia

Re: Ex-spouse moving out of state with children

If the decree states that he has final say, than that will be the case unless you move to modify the order. Whether this will be granted or not is hard to say. Ordinarily, courts won't change an order unless there has been a change in circumstances. However, the test is always what is in the best interests of the child. So, if you can convince the court that it is in your child's best interest to stay here, than you can likely modify the order.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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Re: Ex-spouse moving out of state with children

The law in GA used to be that a move outside the state was not grounds for modifying custody. The case law recently changed so the court, in circumstances such as yours, must look to the best interest of the child. Several factors would be considered when determining whether or not it was in the best interest of your child to be removed outside the state from his mother, or to be removed from the primary custody of the father.

Whether or not you decide to modify the divorce decree by changing custody, you would have a good chance to modify visitation and possibly the amount of child support you are providing.

I would suggest you speak with an attorney who practices in the area of family law to further discuss the law and your options.

Tahira Piraino

Northlake Commons

404/248-0203

[email protected]

Confidentiality Notice: This message is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to which it is addressed. The communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediatel by e-mail and delete all copies of the message.

Re: Ex-spouse moving out of state with children

I agree with the previous posters as to the procedure. Please feel free to call me for further consultation.