Can I stop my ex-spouse from moving away with the children?

After your divorce, it’s likely that both you and your ex-spouse will make all sorts of changes to your lifestyles – including career changes, remarriages and even relocation. If your ex-spouse gains primary custody of your children, it can be upsetting to think of the possibility of your ex-spouse taking the children far away, making it harder for you to see them regularly. If this happens to you, is there anything you can do to stop them?

The notice requirement

Georgia law requires custodial parents to give the court – and their child’s other parent – at least 30 days’ notice before the day they intend to move.

This is great news for you, because it means that your ex-spouse can’t blindside you with the news of their move. They must give you time that you can use to prepare your objection to their move. The court will then consider your ex-spouse’s reason for wanting to move, together with your opposition to the move, and decide whether to grant them permission to move or not.

How courts decide

Just like when they determined the initial custody arrangement of your children, the court’s main priority will always be your children’s wellbeing. This means that they’ll look at the possibility of granting or denying permission to move based on how it would benefit your children.

Courts know that it’s extremely important for children to maintain a close relationship with both parents in most cases. Thus, if the move will greatly hamper your ability to maintain your current visitation schedule with your children, and there isn’t an equivalent benefit to the move, it’s possible that they might decide that it’s in the best interest of your children to deny the move.

If your ex-spouse tries to move without first seeking permission from the court, they could face serious consequences. The court might even revise your custody arrangement.

The thought of your ex taking your children farther away from you can be quite difficult to deal with. Fortunately, you will have a chance to prepare a solid argument with your attorney for why the court should deny the move and keep your children close to you.

Reach Out To Our Experienced Team For Help With Your Legal Issues

How The Siemon Law Firm Can Help

Contact our Georgia Family Law Firm by calling 770-888-5120 or by completing this contact form.

An attorney will respond within 24 business hours.

    Fields marked with an * are required

    I Have Read The Disclaimer *

    Our Office Locations

    Cumming, Georgia

    347 Dahlonega St #100,
    Cumming, GA 30040 770-888-5120 Cumming Law Office Map

    Marietta, Georgia

    1850 Parkway Pl Suite 715,
    Marietta, GA 30067 770-888-5312 Marietta Law Office Map

    Alpharetta, Georgia

    4555 Mansell Rd,
    Alpharetta, GA 30022
    770-888-5093 Alpharetta Law Office Map

    Atlanta, Georgia

    3400 Peachtree Rd NE Suite 555,
    Atlanta, GA 30326 770-888-5078 Atlanta Law Office Map