Cobb County Relocation Lawyer
Parents who live apart are often very concerned about maintaining meaningful relationships with their children. These anxieties are heightened when one parent wants to move out of the area and bring the children with them.
When you have a court-ordered custody arrangement or parenting plan, a judge must give their approval before a parent can disrupt the plan by moving away with the children. The judge will only approve the arrangement if they are convinced it serves the children’s best interests.
Whether you are the parent who wants to move or the parent who wants to keep your children in the local area, you will need the help of a skilled legal professional. Our team of Cobb County relocation lawyers can help you navigate this stressful situation and achieve your goals.
Negotiation Is Often the Best Strategy
When parents have good communication and co-parent well together, they can often negotiate a reasonable solution when one parent wants to move away with the children. Depending on the distance involved, the new parenting plan could call for longer but less frequent visits with the non-custodial parent. Parents might arrange to stay in touch via regularly scheduled video chats and phone calls.
Parents who work together to create a relocation plan can tailor their arrangement to their children’s needs. For example, perhaps an older child might stay behind to finish high school while their younger siblings move with the relocating parent. Cobb Country parents could negotiate directly, through their relocation attorneys, or use a mediator to reach an agreement that best serves their family.
However, parents must recognize that a judge still must approve a change to the parenting plan even when both parents agree to it. The judge will review the proposed change and will approve only when convinced it serves the children’s interests.
Parent Seeking the Move Must Observe Legal Requirements
The Official Code of Georgia §19-9-3(f)(3) describes the responsibilities of the parent who wants to move. They must provide notice of the proposed move to the co-parent and anyone else with visitation rights, like a grandparent. They must provide the notice at least 30 days before the proposed move and it must contain the children’s new address.
The law does not state that the notice must be in writing but putting it in writing is the best way to prove the notice was given. Sending by mail, return receipt requested is the safest way, but you could also send the notice by email or text, as long as you save the conversation.
Parents must comply with the original child custody order until the family court changes it. When you want to relocate, consult a Cobb County family attorney well in advance. A legal professional can prepare a modification petition and the court can schedule a hearing before the proposed move.
Opposing a Request to Relocate in Court
When one spouse wants to relocate with the children and the other objects, a family court judge must decide the matter. Although a judge cannot prevent a parent from moving, they could decide the children should not go with the parent.
The parent seeking to move must file a petition to modify the current parenting plan with the court. The judge will review the situation and approve a move for the children if the requesting parent can prove it is in the children’s best interest. A parent who objects to the children moving could present evidence showing that any benefits the children might gain from the move are outweighed by the disruption and loss of their proximity to their co-parent.
Parents who disagree about relocation should have a Cobb County attorney to represent them at the modification hearing. Our team can develop persuasive arguments to convince the judge that their position best furthers the children’s interests.
Contact a Cobb County Attorney for Help With Relocation Issues
Moving out of the area with your children is a big step. When doing so will impact a court-ordered parenting plan, there are additional complications.
Whether you want to take your children and go elsewhere, or you want your children to remain in the local area, you need the assistance of a Cobb County relocation lawyer. Relocation cases are often urgent and move quickly, so reach out today.
