What happens if you are a custodial parent and your company transfers you to another state? In the past, custodial rights stayed the same when one parent moved, but that is no longer the case.
When one parent who is sharing custody of a child must relocate, a change in custody may be ordered by the court if it is deemed to be in the child's best interests. There is no longer an automatic right of the custodial parent to retain custody when relocating. This means that if a parent with custody of a child must relocate, there is no guarantee that he or she can take the child along. The court may bar the relocation with children and order that the child stays in his or her current location (or with the other parent).
Call Hecht Family Law immediately at 678-926-9234 if you are intending to relocate with children or have been served with notice that your child's other parent is intending to relocate.
All other rights are secondary to the court's desire to protect the best interests of the child.
Since the court considers the relocation issue in child custody actions on a case-by-case basis, the relocating parent will not automatically lose custody, but he or she will not automatically retain custody, either.
If you are the custodial parent and seeking to relocate with your children, the court will want to know why. Is it for a job? Could you find alternative work without moving? Are you moving for relationship reasons or to be closer to your family?
The court may issue a temporary injunction against relocating the child if the move is imminent and there is not enough time to conduct a full review prior to a given relocation date.
Timing is an essential element of a relocation case, and you need to make the right decisions and take the right steps no matter which side of the case you are on. It is essential to talk to an attorney as soon as you know relocation is a possibility. Contact Hecht Family Law in Alpharetta, Georgia, at 678-926-9234 today so we can begin to help you approach the relocation matter most effectively.