There are many reasons parents might want to modify their child custody agreements in Georgia. One potential reason is if one parent decides to move away. Perhaps you are moving away, and you would like to bring your children with you. Maybe your ex is moving away, and you are not sure how the old parenting plan is going to work. Whatever the case may be, it may be necessary to modify your custody arrangement if one parent decides to move away.
Distance Between Homes: A Key Factor in Determining a Child’s Best Interests
The first thing you need to understand is that in Georgia, the distance between two parents’ homes is an important factor in determining a child’s “best interests.” These best interests are clearly defined in Georgia, and family courts must consider them when making decisions about child custody. In other words, family court judges must consider the distance between the two parents’ homes when deciding where the child should live.
What Happens When One Parent Moves Away?
After one parent moves away, either parent may petition to modify the existing child custody order. Modifications of this nature are only possible if there is a substantial change in circumstance. These are major life changes, and a parent cannot petition to modify custody on a whim.
A parent may petition to modify the agreement if they believe that the distance between the two homes puts unnecessary stress on the child. Family courts generally agree with this sentiment, but the specific distance between homes matters. For example, a 30-minute drive might not be a sufficient “change in circumstance.” However, if a child is forced to spend many hours each week traveling between family homes, this could constitute a major change in circumstance.
If courts determine that one parent’s relocation constitutes a major change in circumstance, they may allow one parent to make their case during a hearing. One parent might argue that the distance between the two homes is no longer tenable. The other parent might argue the opposite. One parent might even argue that the children should come with them to the new residence, leaving the other parent behind.
A key consideration during this process is the child’s connection to their local community. If the child has existing ties, family courts generally try to maintain them. For example, children are often closely connected with their local schools. They might also have ties with sports clubs, community centers, friend groups, music teachers, and so on.
Find an Experienced Child Custody Modification Lawyer in Georgia
If you have been searching for a child custody modification lawyer in Georgia, look no further than Lankford & Moore Law. With our help, you can assess your legal options in more detail. If one parent decides to relocate, modifying your child custody arrangement may be necessary. However, each family situation is different – and a consultation could provide more detailed guidance based on your unique situation. Reach out today to learn more.
