Legal Question in Family Law in Georgia
Moving Out of State with Children
Divorced in 1998. I have joint legal custody of two minor children. I am the designated primary/residential custodial parent; Ex-wife is designated secondary/non-residential custodial parent. She only has the children EOW.
The decree states that if we don't agree on what is in the best interest of the children, I will make the final decision.
The decree states that each party shall have the right to live separately apart from the other for the rest of their lives at ANY PLACE that he/she may select.
I am being transferred out of state. I would like to move and I would still maintain EOW visitation with the mother, plus give her all holidays.
Do I need her permission to move? If so, can I just have her sign an agreement, which grants me permission to move? If I don't need her permission, what sort of notification do I need to provide her? What do I need to do to secure this move? She 'verbally' gave me permission, now she is changing her mind.
(Up until 02/04, she was found to be abusing [physical & emotional] the children - abuse was substantiated by DFCS. She is a recovering addict - clean for 3-years and is co-habitating with her boyfriend, not allowed per the decree.)
1 Answer from Attorneys
Re: Moving Out of State with Children
You typically dont need a further modification of the final decree to make such a move, as long as its done in good faith and not made to frustrate her visitation. Actually, what you are going through is a common enough problem and there are no easy answers. You would need to keep her informed of the whereabouts of her children, whether she is able to visit with them or not.
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