if you have custody of a child in the state of gergia do u have to tell the court if you want to move out of s

Question

state . i was wondering if i have a daughter and my ex has custody of her and she is moving out of state does my ex have to tell the court that she is moving bc the visitation is going to be all messed up now and who is going to do the transportation if she moves out of state and doesnt tell the court in georgia can she get into trouble ? what will happen if she dont tell the court she is moving only me and i really dont agree with the arrangements that she has made can ne one help me on what the conseqeunces will be for her if she moves out of state and does not notify the court of it and also i would like to have some say in the matter on visitation and so forth

Answer 1

you have to read the custody agreement and see what it says about things like this. some state the parent can't leave the jurisdiction without prior consent or approval, some give full custody and control to the parent. also, if you arent paying child support or are behind you don't get to say much about anything. but you can always go to court and see what they have to say.

Answer 2

It really all depends on the divorce agreement. It should state in there. Normally, if there is joint custody, the parent with the primary residence must either get the other parents written permission or a court order allowing them to remove the child from the state. If they don't have either, they could get in real trouble. I would first look at your divorce papers and see what it says there. If it says anything about that, I would inform her of it and let her know that you don't approve of the move and if she doesn't get a court order you will report her.

Answer 3

That would be based on the custody order. If your ex husband has full custody, then he does not need to make the courts aware. However you are still a parent so you can petition the court and make the request that he cannot move out of the state.

Ultimately this would be up to family court. If you truly feel that her moving out of state would be for the worst then contact your lawyer and request he/she petition the court.

I wish you the best of luck.

Answer 4

You have two issues here:

First, those who answered it was a matter of your custody order are correct as far as they go. In most states, the matter is resolved in the order for custody with such language..."The custodial parent reserves the right to relocate with the minor child(ren) without further interference or findings of the court..."

If such language or issue is raised in the custody order, then state staute and case law prevails.

Generally, when dealing with the issue of relocation, the relocation of the custodial parent, in and of itself, is not a sufficient change to authorize a change of custody. Rather, a relocation of the custodial parent will be one of several factors for the trial court to consider.

In re R.R., 222 Ga. App. 301 (1996). In the In re R.R. case, the father was awarded sole custody at trial, which had been consented to by the mother since she was in a recovery program for alcoholics. The father later accepted employment in Louisville, Kentucky and the mother sought to change custody because she was a recovered alcoholic and the father's sudden unannounced relocation rendered her liberal visitation meaningless. In addressing the issue of relocation, the Court of Appeals held that the primary consideration is the welfare of the child, and whether the evidence shows a new and material change that affects the welfare of the child. In reviewing this matter, the Court of Appeals held that generally,

"it is a change for the worse in the conditions of the child's present home environment rather than any purported change for the better in the environment of the non-custodial parent that the law contemplates under this theory."

More important, the Court held that relocation standing alone cannot support a finding of change of condition and a resulting change of custody. Rather, it is the adverse emotional impact caused a child that is a factor for consideration:

Swonder v. Swonder, 642 N.E.2d 1376 (Ind. Ct. App. 1994)

Answer 5

If this is a legal custody issue, then the courts must be notified if the parent is taking the child out of state. Also if you know that this is about to happen you can petition the court If the two parties cannot come up with a mutual visiation agrement, the judge will.

Answer 6

you need to get an attorney and go over all of this with him. I think in most states if you have joint custody she needs your permission to leave the state with the child first of all, and there is the question of whether you have to pay child support if she is depriving you of visitation by moving out of state, to name just two things that come to mind.

Answer 7

thats a tricky subject and one you should be asking you r lawyer i have custody of a child and the court papers state that i have the right to live anywhere with himi want too regardless of visitation

Answer 8

My guess is yes you would have to notify the courts. But yiu may want to check with the laws in your state to be sure of what exactly the law requires you to do?

Answer 9

No matter what state you are in you have to let the state know that you are moving. The reason for this they will think you are kid napping the child(ren). it sounds stupid but it has happen to my mom. Rules are rules theses days and there is no end in sight.

Answer 10

Yes. It is required unless he has full custody, then you are screwed.