Legal Question in Family Law in Georgia

interstate custody

My ex-wife told me this week she will be taking my 10 yr old son and moving to another state (within the time period specified in our divorce papers). We currently both live in GA and have joint custody--she is the primary guardian. Does she need my consent to move out of the state? Also, what are the ''normal'' custody agreements when parents live in separate states?


Asked on 11/01/07, 7:22 pm

1 Answer from Attorneys

Stephen Worrall The Manely Firm, P.C.

Re: interstate custody

A complete and accurate answer to your question will require a careful reading of your agreement and order by a family law attorney, but at the very least, you should consider filing a motion to modify the order, either as to custody or the visitation/timesharing allotments and possibly the amount of child support if you may be incurring addiitonal expenses to see your child if she does move and if she retains primary custody.

The amount of time in a possible new visitation/secondary custody will depend on a number of factors, such as the distance, the age of the child, the activities of the child, and the costs and availability of airline or other forms of transporatation.

I have a number of posts which may be informative for you at http://www.gafamilylawblog.com/relocation/index.html; http://www.gafamilylawblog.com/visitation/index.html and http://www.gafamilylawblog.com/virtual_visitation/index.html

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Answered on 11/02/07, 8:05 am


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