Can a woman move out of state with her child after a divorce?

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Can a woman move out of state with her child after a divorce?

Asked on January 7, 2013 under Family Law, Georgia

Answers:

Paula McGill / Paula J. McGill, Attorney at Law

Answered 8 years ago | Contributor

The above attorney misses one important thing.  (1) the order may require you to give the father 30 days notice before you move; (2) it is better to get this resolved before you move because Georgia will still have jurisdiction to hear any objection to the move, change custody, or change visitation; and (3) if the court states it is in the best interest for the child to remain in Georgia,  you may have to make the choice of moving back to Georgia or turning over custody to the father.   

If you know the father is not going to object to the move, it may be better to file a consent petition to modify visitation to change the terms of visitation that take into consideration the distance between your proposed new residence and the father's residence.

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

As long as the divorce decree does not contain a restriction on where she can and cannot live, then a woman can move to another state with her child after a divorce.  If there is a residency restriction, (i.e. a clause that requires the woman to remain in a certain county, state, or jurisdiction), then she would need to go back to the court to modify the custody orders so that she could leave in order to avoid a contempt action later.

The main thing is to follow the orders as they are written.  Most orders do not contain a residency restriction, but many do contain sections about notifying the other parent in the event that the parent intends to move.  So, just as a reminder, the woman should review the entire to decree to make sure that she is compliant with any notice provisions. 


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