Legal Question in Family Law in Georgia
My ex-wife has been [talking] about the possibility of moving our 2 children to Colorado for some time now. Last week she went up to visit her boyfriend (he moved there about 4 months ago). She intervied for a few jobs and accepted an offer to start in a few weeks. Now the possibility of moving has become a reality. Although it seems like a good opportunity for the 3 of them (on paper) and I'm not particuarlly opposed to it, I would like to know what my rights are. Specifically in terms of visitation, visitation expense, and child support modifications. I realize that her moving does not relieve me from support obligations and that I'm not paying for visitation, but her moving the kids 1,500 miles away is going to esentially remove me from their lives.
2 Answers from Attorneys
She's obviously not doing it for the purpose of thwarting your rights. There seem to be legitimate reasons for moving.
You still have your visitation rights; it will be more difficult to exercise them, true, but you have no legal recourse, other than to attempt to modify the terms of the decree, and there seem to be no grounds for that. You don't expect them to pay your travel expenses, do you?
Other than seek a modification which would allow you to e.g. keep the kids for 2 weeks in the summer (at your own expense), hard to see what you would want that is realistic.
Do you want custody?
If not, you can still seek to modify custody to give you visitation during all major holidays. You can also move to have her pay for all travel expenses to and from Georgia.
If you need additional information about your rights, please contact me.
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