While Georgia is a beautiful state in many ways, it is not for everyone. Some might want to leave, and a divorce might be the perfect opportunity to start fresh elsewhere. But what about your children? Can you bring them with you as you relocate and start a new life? This is a common question among spouses and parents who have recently gone through a divorce or breakup. An experienced child custody lawyer in Georgia may be able to help you address this situation.
Do Not Try to Leave the State With Your Kids Before or During Your Divorce
If you try to transport the children outside of Georgia before or during your divorce, you could face serious consequences. Your actions may be interpreted as kidnapping by both state and federal authorities. Kidnapping is a felony, and it can lead to very real criminal penalties. Even though you might be the biological parent of the children, you are not allowed to transport them across state lines without permission from the other parent.
Even with permission, it is probably best that the children remain in Georgia until the family court approves some kind of custody agreement. Remember, the family court wants to minimize the amount of stress and change that a child experiences during divorce. This is difficult enough for children without the added uncertainty of a new home state.
How Can I Convince the Court to Let Me Take My Kids Out of the State?
If you want to bring your kids out of the state and into a new home, you need to focus on their best interests. Convince the court that it is in their best interests to leave Georgia, and you have a strong chance of getting permission for this move. You can approach this challenge in various ways.
First, you might highlight the educational benefits of moving to a different state. Perhaps the new state has better schools or specific programs that fit your child’s unique educational needs. Maybe your child is gifted, or perhaps they have a learning disability. Whatever the case may be, you can highlight a new school in your new state that targets these needs.
Next, you might emphasize the child’s safety. Perhaps your child is being abused or neglected in your ex’s home. Perhaps your ex has a substance abuse problem and drives drunk with the kids. Maybe your child has become involved with a local gang, and you believe that leaving the state is the only way to help them avoid a life of crime. Whatever the case may be, highlighting the safety benefits of moving to a different state is usually an effective strategy.
Can a Child Custody Lawyer in Georgia Help Me?
A child custody lawyer in Georgia might be able to help you relocate and bring your children with you. Although this might be challenging, it certainly isn’t impossible. You might find this process particularly easy if you can prove it is in the children’s best interests to leave Georgia. Consider continuing this conversation by contacting Lankford & Moore Law today.
