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Can I Prevent My Child From Being Moved Out of State?

Divorce and custody related matters can present several issues for parents to resolve. Sometimes, either because of a change in employment or family support, one parent may decide to move to a different state.

The parent who has legal custody of the child makes decisions pertaining to the welfare of the child. In the event the custodial parent decides to move out of state the noncustodial parent may file for a modification of the custody arrangement. The court will then review the purpose of the custodial parent’s intention to move and make a determination of what is in the best interest of the child. In this case, if the court finds that the interests of the child are not best served by the move one possible outcome is a change in custody.

The other consideration before the court when it comes to a parent’s ability to relocate with the child is the child’s age. For instance, in Georgia once the child reaches the age of 14 years he or she has the right to select the parent they would like to live with. While child’s decision is this case is not determinative, it caries a lot of weight with the court.

Ultimately, a noncustodial parent faced with a child potentially relocating with a custodial parent has the option of filing for a modification of custody. In this scenario it is important for both the custodial and noncustodial parent to obtain the advice of counsel.The Faucette Law Firm represents clients in a wide range of custody and divorce related matters. If you have a question contact our firm today for a free consultation.