When parents who share custody consider moving, the decision involves much more than just packing boxes and forwarding mail. Relocating with a child when you share custody can be a complex process that requires careful planning and legal consideration. What should you do?
1. Review your custody agreement.
The first step is to thoroughly review your custody agreement or court order. Most agreements will include specific provisions about relocation. Some require the consent of the other parent, while others may require a formal notification or even a court petition.
2. Communicate with your child’s other parent.
Early and open communication with the other parent about your desire to move is crucial. Georgia law generally requires you to notify the other parent at least 30 days before your move unless your custody agreement provides other guidance.
This discussion should include the reasons for the move, such as a new job, proximity to family or better educational opportunities for the child. Providing clear and honest reasons can help the other parent understand your perspective and potentially ease the negotiation process.
3. Get legal advice.
Consulting with a family law attorney is an important step. They can provide guidance specific to your situation and jurisdiction. Legal counsel can help you understand your rights and obligations under your current custody arrangement and advise you on the best way to move forward.
4. Prepare to modify your custody arrangement.
If your move means that your previous custody agreement is no longer a good fit for your situation, you will likely need to modify your custody order. If your ex agrees to the move, this may be a relatively straightforward process. If your ex does not agree to the move, you may need to take the issue to court and demonstrate to the court that the move is in the best interest of the child.
If the move is approved, either through mutual agreement or court decision, the next step is to develop a new parenting plan. This plan should address changes in visitation schedules, transportation logistics, communication methods and any other adjustments necessary to accommodate the distance.
Moving with a child when sharing custody requires careful consideration and meticulous planning. By taking the proper steps, parents can navigate this challenging situation more effectively and reach a new arrangement that supports their child’s well-being.
