I am trying to move to GA to better our lives. Here in CA I struggle and am not able to afford much. My divorce just recently went through and in the agreement it states I have physical custody of my daughter but we have joint legal custody as well. It also states I need to let him know within 10-30 days, I believe, if I move and let him know of the new address. What steps do I need to take?
Custody move away and relocation issue is one of the toughest issues to deal with. Generally speaking, you need to send him a written notification by certified U.S. Mail with return receipt requested within the time frame mentioned in your final order for custody and visitation. Best case scenario, he will agree to allow you to move the children from CA to GA. However, if he disagrees, then you will need to file a petition with the court for a move away, and will need to state your reasons for the move. Usually, the factors the court considers in a move away case are 1) child support non-payment by non-custodial parent, 2) job opportunities in the other location, 3) motive of the moving parent to relocate, 4) history of cooperation between the parents regarding parenting, and various other factors (too many to list on here).
The court first deals with who is the primary custodian of the child; i.e. the court looks at who has how much "actual timeshare" with the child(ren) to determine who has the burden of proof to convince the court to take his or her side.
There are a lot of intricate details that you need to know about your custody move away case. These cases are very expensive and you should consider hiring an experienced family law attorney, IF you and your ex cannot come to an agreement. Best wishes.
The aforementioned information does not create an attorney-client agreement. It is intended for informational purpose only.
The parenting plan should address relocation of the minor child. Factors to take into account would be the visitation/access of the non-moving parent, whether that parent agrees and whether the move is in the best interests of the child. If you get the permission of the other parent, there should be no problem. If not, there may need to be a hearing. You probably will have to file a motion to relocate, or seek the Court's permission in some form.
The answers provided in this forum by me and transmitted by users of this forum are not to be considered legally binding in any way, nor is there an intent to form an attorney client relationship. If further information is required, seek competent legal counsel.
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