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Moving with your children after a Georgia divorce
Summary
Georgia has no separate relocation law. Unless the court order says otherwise, either parent who moves must give the other parent at least 30 days' written notice with the full new address.[1]
The other parent can ask the court to change custody or the parenting schedule because of the move. The judge decides based on the child's best interests, case by case, with no presumption for or against the parent who's moving.[2]
A move doesn't change the court order by itself. Until a judge signs a new order, the current custody, schedule and child support stay in force.
The 30-day notice
Unless the court order says otherwise, either parent who changes residence, with or without custody, must notify the other parent at least 30 days before the move and include the full new address. If the parent who's moving has custody, they must also notify anyone else the court has given visitation or parenting time.[1]
If the court ordered the custodial parent to give notice of changes to the pickup and drop-off place, that parent must tell the other parent in writing, with the street address or a description of the new location.[1]
If you're leaving because of family violence and don't want the other parent to have your new address, ask the court or a domestic violence advocate about an order that changes the notice requirement, since the rule applies unless a court order says otherwise.
Many parenting plans have their own rules about moving, such as more notice or what happens to the schedule. Read yours first; the order controls.
If the other parent objects
- The other parent can file to change custody or the parenting schedule. The move itself can be the change in circumstances the court looks at.
- There's no bright-line rule. A parent who moves doesn't automatically lose custody, and isn't automatically allowed to take the children. The judge decides what's best for the child at that time.[2]
- A clause that switches custody automatically if a parent moves generally isn't enforceable. The judge has to look at the child's best interests when the move actually happens.[3]
- A request to change custody is usually filed in the county where the other parent lives, which may not be the county that issued the original order.[4] If the other parent has already filed, you can usually ask for a change in that same case. Different rules can apply if the other parent lives outside Georgia.
- If a Georgia court made your custody order, Georgia courts usually keep the power to change it as long as the child or a parent still lives in Georgia.[5]
Changing custody, child support or alimony after a Georgia divorce
What a judge may look at
- Why the parent wants to move, and how the move affects the children
- How the move affects the children's relationship with the other parent, and how much time each parent can realistically have
- School, friends, family nearby and how settled the children are where they live now
- The distance, travel time and travel costs between homes
- Each parent's involvement in the children's lives and willingness to support the relationship with the other parent
- A child's own wishes: a child 14 or older can choose where to live, subject to the child's best interests, and a judge considers the wishes of a child 11 to 13[1]
Moving before or during a divorce
- If a divorce or custody case is already filed, check your county's standing order. Some, like DeKalb's, bar taking the children out of the court's jurisdiction while the case is pending.
- A Georgia court can usually make the first custody decision only if Georgia is the child's home state.[6] That means the state where the child lived for at least six months in a row just before the case was filed, counting short trips away.[7] If the children are taken out of Georgia, Georgia can usually still decide custody for six months afterward as long as a parent still lives here.[6] A court can also act for a short time in an emergency to protect a child.[8] These rules are complicated, so talk to a lawyer before moving the children to another state, and especially before moving them out of the country.
- If you leave home because of family violence by the other parent, leaving for a reasonable time isn't treated as abandoning the child when custody is decided.[1] If you're in danger, call 911. Georgia's statewide domestic violence hotline is 1-800-334-2836.
Travel costs and child support
A parenting plan covers how the children travel between homes and who pays for it.[9] When parents live far apart, the judge can decide how travel costs are split.[10]
If a move changes the court-ordered parenting time, it can also affect child support, because since January 1, 2026, Georgia adjusts support for court-ordered parenting time. The support order still doesn't change until a judge changes it.
If you agree on a new plan
Parents who agree on a new schedule because of a move can put it in writing and ask the judge to approve it as a new order. Until then, the old order is the one that can be enforced.
Questions you might ask a lawyer
- What does my order say about moving, and what notice do I have to give?
- How is a judge likely to see this move, given our schedule and the distance?
- What parenting schedule could work after the move?
- Who should pay for the children's travel, and how might support change?
- If no case has been filed yet, which state's court would decide custody?
Common questions
Can I move out of state with my child after a divorce in Georgia?
It depends on your court order and the child's best interests. Unless the order says otherwise, you must give the other parent at least 30 days' written notice with the new address.[1] The other parent can ask the court to change custody or the schedule, and the judge decides case by case.
How much notice do I have to give before moving in Georgia?
At least 30 days before the move, with the full new address, unless the court order says otherwise.[1]
Does a move count as a change in circumstances for custody?
It can. There's no automatic rule either way; the judge looks at how the move affects the child and decides based on the child's best interests.[2]
What if my custody order says custody changes automatically if I move?
Georgia's Supreme Court has said a custody change that happens automatically on a future event, such as a move, generally isn't allowed. A judge has to decide based on the child's best interests at the time.[3]
Sources
- ^ O.C.G.A. § 19-9-3, custody, notice of a move and family violence (Justia)
- ^ Bodne v. Bodne (Ga. 2003), relocation and the child's best interests (Justia)
- ^ Scott v. Scott (Ga. 2003), automatic custody changes (Justia)
- ^ O.C.G.A. § 19-9-23, complaints to change custody (rulesofcivilprocedure.com)
- ^ O.C.G.A. § 19-9-62, keeping the power to change a custody order (Justia)
- ^ O.C.G.A. § 19-9-61, which state's court decides custody (Justia)
- ^ O.C.G.A. § 19-9-41, definition of home state (Justia)
- ^ O.C.G.A. § 19-9-64, emergency custody jurisdiction (Justia)
- ^ O.C.G.A. § 19-9-1, parenting plans (Justia)
- ^ Salmon-Davis v. Davis (Ga. 2010), relocation and travel costs (Justia)
- DeKalb County standing order for domestic cases (PDF)
- Georgia Child Support Commission, guideline changes
Laws and court rules change. If something here looks out of date, email help@divorce.city.