Forced to Move Out: How Does This Affect Child Custody in Georgia?

During a divorce or breakup, you may feel that you have no other choice but to move out of the family home. You may do this to protect your own safety or save yourself from a stressful, negative environment. If you’re in the process of moving out, you might want to consider how this will affect child custody in Georgia. Before you actually leave, you may also want to speak with an experienced family law attorney. 

Consider Whether You Actually Need to Move Out

Before you relocate, consider whether this step is actually necessary. What if you could instead force or convince your ex to move? While this might seem unreasonable at first, various laws in Georgia could help you accomplish this goal. For example, your ex might have abused you, threatened you, or become violent toward you. This could allow you to pursue a protective order that forces your ex to move out. You may also pursue a protective order if your ex threatened or harmed any family members in your home aside from you. 

Moving Out May Force You to “Abandon” Your Children

Many parents who move out leave their children behind. At first, this might make perfect sense. After all, why would you want to put your kids through the stress of moving, especially when they’re already struggling with the psychological impacts of the divorce or breakup? Even though you might believe that you’re doing the best thing for your kids, leaving them behind could also be detrimental. 

In the eyes of the family court, your departure could reflect badly on your parental “fitness.” The court may see your decision to leave as a conscious abandonment of your children, even if you were trying to do the right thing. As a result, it might be best to consider the possibility of either remaining in the family home or taking your children with you. Contact a lawyer to discuss these possibilities in more detail. 

You Should Choose Your New Residence Carefully

If moving out is truly the best option (or it’s unavoidable), parents should still choose their new residences carefully. The most obvious choice is a residence that is close to your kids. You might also want to choose a residence close to your children’s current school for convenience’s sake. The more you can limit transport time and make life easier for your children, the more advantages you will gain during the upcoming custody battle. 

Can a Family Law Attorney in Atlanta Help Me?

A family law attorney in Georgia may be able to help if you want to review the child custody implications of moving out. While it always makes sense to promote your safety and mental health, remaining in your family home could be advantageous in the context of child custody. Continue this important discussion with Lankford & Moore Law before making any hasty decisions. 

I realized the true function of a lawyer was to unite parties riven asunder. The lesson was so indelibly burnt into me that a large part of my time during the twenty years of my practice as a lawyer was occupied in bringing about private compromises of hundreds of cases. I lost nothing thereby — not even money, certainly not my soul.

Mahatma Gandhi

Lankford & Moore Law in Downtown Lawrenceville

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