Oftentimes, the primary physical custodian of a child may decide to move out-of-state for various reasons and take the minor child/ren with him or her. Such a decision frequently causes great distress for the other parent. A divorce decree routinely has provision where the other parent must be notified a certain number of days prior to any intended move above a specified number of miles. However, once the required notification has been given that does not prevent the primary physical custodian from moving.
Bodne v. Bodne, 257 Ga. 445, 588 SE2d 728, has been the authority in this area since 2006. It sets forth that relocation of a primary physical custodian alone cannot constitute a sufficient change in condition to modify custody” The court must consider the best interest of the child and the initial custody award will not always control after any “new and material change in circumstances” that affects the child is considered. The court will consider the “myriad of factors that have an impact on the child/ren as established by the evidence”. A parent that is seeking to modify custody based on relocation should keep this in mind.
Post written by: Tiffany Lunn Esq