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Could my husband force me to live in Georgia with our kids if I divorced him?

Douglas, GA |

we were married in Missouri and both our children were born in Kansas. We have only lived in Ga. for a year. His family lives in GA mine does not.

Attorney Answers 5


  1. Best answer

    No. Georgia does not require that parents remain in the state and will not enforce provisions related to this effect. What you should consider though is that having the children travel between states may be very difficult for the children (especially if they are young), the costs associated with said travel (an airline guardian would be needed if they are below the age to travel alone), and a party's travel costs can be incorporated as a deviation in calculating child support which can lower the child support amount.


  2. No, your husband (or ex-husband) cannot force you to live in Georgia.

    t is possible for a divorce decree to include provisions requiring either that each parent must give notice prior to moving so many miles from their current address or that each parent must obtain "permission" prior to moving. The permission requirement does not necessarily function as a bar to moving, but may create an issue of custody modification if activated.

    A provision requiring notice is very common. A provision requiring permission is rarely issued by a judge over the objection of either party (usually must be agreed to).

    The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.


  3. Not exactly. Your attorney will explain to you how this works, but if you are awarded primary custody of the children and you want to move out of state after the divorce, he can file to take the children away from you. Simlarly, he could get custody and you'd have to choose between leaving them behind or moving. So, you might have decisions to make. Please talk to an attorney, though, as it is much easer to explain all of this in person, than in trying to post an answer on the internet.

    The information is for general information purposes only. Receipt of this information or e-mail from our website, or other communications should NOT be construed as legal advice for any individual case or situation, nor the formation of an attorney-client relationship.


  4. I agree with the previous posts by my fellow colleagues. Keep in mind, that there are many other issues to consider prior to filing for divorce, especially when children are involved. If you decide to file for divorce, you need to consult with a local experienced attorney who can handle your case.

    This answer has been provided for informational purposes only. Nothing contained therein should be considered legal advice and should not be construed as legal advice. The information provided in this answer is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Readers should not act upon the information provided herein without seeking and retaining professional counsel in your state or other jurisdiction.


  5. No, your husband (or ex-husband) cannot force you to reside in Georgia after the divorce is final. Georgia law does not recognize automatic forfeiture clauses for custody, ie. if one party moves out of state, custody of the children automatically transfers to the party still residing in Georgia. Georgia law requires parents to provide 30 days notice of any intended change of address. The non-moving parent may file a petition for change of custody; however, the burden would be on the parent to show a change of circumstance materially affecting the welfare of the child if the petition was filed less than 2 years after any previous modification. If there has been no prior modification, or at least 2 years has passed since the last modification, the burden would still be on the moving party to show the Court why custody should be granted to him. The Court would likely modify visitation due to the increased costs of transportation but it is unlikely the Court would change custody based solely on your relocation out of state.

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