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Move Away Cases – Modifying Custody | Atlanta Child Custody

Scott Shaw | 1037 Views | 11/09/2015

Move Away Cases During Child Custody Litigation

In this video I’ll be discussing the law regarding modification of child custody when a parent moves or relocates out of the state of Georgia, or otherwise the parent moves long distance with the children, or what is known as move-away cases. There are three questions to ask regarding a relocation or a move out of state. First, for the primary parent, what are your risks of losing custody of your child if you move your child out of state? And for the secondary or non-custodial parent, what can you do to keep your children from moving away from you? Can I actually lose custody of my kids?

A parent’s move from Georgia or even from the Atlanta Metro area, if it is long distance, is by itself considered to be a material change of circumstances sufficient to modify your children’s custody and get you into court. The law in Georgia on the issue of what happens to child custody if a parent moves out of the state of Georgia was turned upside down about a decade ago upon a Georgia Supreme Court decision of Bodne vs. Bodne.

Bodne vs. Bodne Case Example

Prior to the Bodne decision it was extremely difficult to prevent the primary parent from leaving the state of Georgia or from leaving the Atlanta Metro area with the children. In fact, it was so difficult that as a matter of law the custodial parent could almost move at will, as long as they gave their 30-day notice of the move.

After the Bodne decision however this is no longer the case, and it revolutionized child custody law in the state of Georgia. The issue really revolves around a change of the legal perception of what the best interest of the children is. The prior law assumed if the primary parent’s happy, the children will be happy so let the primary parent move as they will, no matter where he or she lives. So a long-distance move out of state was not even considered relevant to modify in child custody.

This legal fiction persisted in the state of Georgia until the Bodne decision was made. What the Georgia Supreme Court recognized in the decision is that happiness of one parent does not necessarily relate to the best interests of the children. The move may make the primary parent happier, but did this parent consider the effect that this has on a non-custodial parent of the children? After the Bodne decision it is now critical that custodial parents need to keep these issues in mind before they move and plan out very carefully any long-distance move with the children they may want to make.

The Bodne decision also gives the noncustodial parent a legal ground to challenge any long distance move that the custodial parent may want to make with the children and contest the proposed out-of-state or long-distance move. It is undeniable that a parent as a free American can move wherever he or she wants to move, but that does not mean that you get to take the children with her. The noncustodial parent now can go to court and say that does not mean he or she can also take my children. No matter how you look at the Bodne decision, it dramatically changed the power structure between custodial and noncustodial parents in the state of Georgia and makes clear that there’s no rule of thumb that custodial parents necessarily know what is best as to where the children should live or the custodial parents always keep foremost in their mind the best interest of their children when that parent plans on moving or relocating from the state of Georgia with the children.

Moving Out of State with Children

If you wish to move out of state with your children, you need to carefully plan and consider your move. And if you wish to stop your children from moving from Georgia or even just the Atlanta Metro area, you may have a legal solution in that the move is now a legal ground to ask the court for a modification of the child custody of your children. My name is Scott Shaw, and we will be happy to field your calls and inquiries. Thank you.

By: Scott Shaw

Move Away Cases – Modifying Custody | Atlanta Child Custody

Move Away Cases During Child Custody Litigation

In this video I’ll be discussing the law regarding modification of child custody when a parent moves or relocates out of the state of Georgia, or otherwise the parent moves long distance with the children, or what is known as move-away cases. There are three questions to ask regarding a relocation or a move out of state. First, for the primary parent, what are your risks of losing custody of your child if you move your child out of state? And for the secondary or non-custodial parent, what can you do to keep your children from moving away from you? Can I actually lose custody of my kids?

A parent’s move from Georgia or even from the Atlanta Metro area, if it is long distance, is by itself considered to be a material change of circumstances sufficient to modify your children’s custody and get you into court. The law in Georgia on the issue of what happens to child custody if a parent moves out of the state of Georgia was turned upside down about a decade ago upon a Georgia Supreme Court decision of Bodne vs. Bodne.

Bodne vs. Bodne Case Example

Prior to the Bodne decision it was extremely difficult to prevent the primary parent from leaving the state of Georgia or from leaving the Atlanta Metro area with the children. In fact, it was so difficult that as a matter of law the custodial parent could almost move at will, as long as they gave their 30-day notice of the move.

After the Bodne decision however this is no longer the case, and it revolutionized child custody law in the state of Georgia. The issue really revolves around a change of the legal perception of what the best interest of the children is. The prior law assumed if the primary parent’s happy, the children will be happy so let the primary parent move as they will, no matter where he or she lives. So a long-distance move out of state was not even considered relevant to modify in child custody.

This legal fiction persisted in the state of Georgia until the Bodne decision was made. What the Georgia Supreme Court recognized in the decision is that happiness of one parent does not necessarily relate to the best interests of the children. The move may make the primary parent happier, but did this parent consider the effect that this has on a non-custodial parent of the children? After the Bodne decision it is now critical that custodial parents need to keep these issues in mind before they move and plan out very carefully any long-distance move with the children they may want to make.

The Bodne decision also gives the noncustodial parent a legal ground to challenge any long distance move that the custodial parent may want to make with the children and contest the proposed out-of-state or long-distance move. It is undeniable that a parent as a free American can move wherever he or she wants to move, but that does not mean that you get to take the children with her. The noncustodial parent now can go to court and say that does not mean he or she can also take my children. No matter how you look at the Bodne decision, it dramatically changed the power structure between custodial and noncustodial parents in the state of Georgia and makes clear that there’s no rule of thumb that custodial parents necessarily know what is best as to where the children should live or the custodial parents always keep foremost in their mind the best interest of their children when that parent plans on moving or relocating from the state of Georgia with the children.

Moving Out of State with Children

If you wish to move out of state with your children, you need to carefully plan and consider your move. And if you wish to stop your children from moving from Georgia or even just the Atlanta Metro area, you may have a legal solution in that the move is now a legal ground to ask the court for a modification of the child custody of your children. My name is Scott Shaw, and we will be happy to field your calls and inquiries. Thank you.

By: Scott Shaw