Like most other states, Georgia has rules about when a parent who is subject to a custody order may move with their children.
Importantly, the law gives the state’s judges leeway to put additional conditions in their court orders with respect to relocation. Parents who need to leave the Augusta area or even make a local move should make sure to review their child custody orders, as those orders may spell out what they must do in order to move.
Parents who are planning to move must under Georgia law give at least 30 days of notice that they are changing residences. They must provide their new address. Additionally, if someone else, like a grandparent, has court-ordered visitation rights, then the custodial parent who is moving must provide notice to them as well.
What happens after that depends on whether anyone objects to the move. If a non-custodial parent wants to fight the relocation, they will need to file a request to change parenting time or custody.
The court can then decide whether a move is in the child’s best interest and make appropriate changes to its custody and parenting time orders. The reasons for the move and the distance of the move may be among the factors a judge considers when making a decision.
The court also has the authority to enter temporary orders while it is making its decisions, meaning a parent may have to delay their move while trying to get authorization for their relocation.
There are special rules for servicemembers who get deployed
Those who live in the Augusta area and who either serve in the military or share parenting responsibilities with a servicemember should be aware that Georgia also has special provisions when it is necessary custody and parenting time changes due to deployment.
While they are designed to protect servicemembers who must be away for military duty, these rules can be complicated. Those who may have a need for temporary arrangements due to deployment should make sure they understand the process.