Legal Question in Family Law in Georgia

Can my ex husband prevent me from taking the children and moving out of state?

I have primary custody of my two children and my ex husband has visitation only. My husband and I are moving to South Carolina to take care of his mother and sisters and I need to know of my ex husband can prevent me from taking the children out of state. I am willing to adjust visitation. It really is only two hours away and we can meet half way to keep the current schedule if need be.I am not even sure he would try but he can be very unpredictable.

Thank you in advance for your assistance.


Asked on 6/25/06, 9:30 am

1 Answer from Attorneys
Harold Holcombe Harold D. Holcombe, P.C.

Re: Can my ex husband prevent me from taking the children and moving out of state?

As the custodial parent you are required under Georgia law to give the other parent written notice of the move, regardless of whether it is in the judgment. He can't keep you from moving, he may attempt to get custody or more visitation as a result of the move. You should review the support and transportation obligations in the agreement and make adjustments to those if necessary based on the longer distance required to exercise visitation.

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Answered on 6/26/06, 8:45 am


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