Not automatically. A Georgia judge weighs a parent’s move against the child’s best interests, and no rule decides it in advance.
No Presumption Either Way
In Bodne v. Bodne, 277 Ga. 445 (2003), the Georgia Supreme Court held that a relocation case turns on the child’s best interests, which “forbids the presumption that a relocating custodial parent will always lose custody and, conversely, forbids any presumption in favor of relocation.” Bodne involved changing an existing custody order, a separate subject.
Examples From Divorce Cases
In Haskell v. Haskell, 286 Ga. 112 (2009), a mother with temporary custody moved to Philadelphia during the divorce. The trial court gave the father primary physical custody, and the Georgia Supreme Court affirmed, holding that the trial court had “correctly avoided any presumption against relocation” and pointing to the child’s close relationship with his father and continued use of the same speech therapist.
By contrast, in Salmon-Davis v. Davis, 286 Ga. 456 (2010), the father was living in Denver when the divorce was decided, and the trial court, following the guardian ad litem’s recommendation, gave him primary physical custody. The Supreme Court affirmed, noting that the trial court had weighed the move and its practical effects in deciding custody and planning visitation.
You Must Give Notice
Once a custody order is in place, a parent who moves must notify the other parent “at least 30 days prior to the anticipated change of residence,” including “the full address of the new residence,” unless a court order says otherwise. OCGA 19-9-3(f)(3). A custodial parent must also notify anyone else with court-ordered visitation. The statute requires notice, not consent; a parent who objects can ask the court to change custody.
While your case is pending, a standing order may also bar removing the children from the state, as our post on taking your children out of state while your Georgia case is pending explains.
Contact Us
This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!