Relocation “Move-Away” Cases in Georgia

When a parent wants to move to a new city, a new state, or even out of the country with their child, Georgia law treats this as a relocation or “move-away” case. These cases are often some of the most emotional and complex issues in family law because they directly affect a child’s home, school, relationships, stability, and the other parent’s ability to maintain a meaningful bond.

Whether you are the parent who needs to relocate or the parent opposing the move, this guide explains—in clear, supportive language how Georgia courts approach relocation, what factors matter most, and what parents can expect during the process.

What Is A Relocation “Move-Away” Case In Georgia?

A relocation (or move-away) case occurs when a parent with custody or shared parenting time plans to move far enough away that it would significantly impact the other parent’s time with the child. This may include:

• Moving to another school district

• Moving several hours away in Georgia

• Moving out of state

• Moving internationally

Even if a parent has primary physical custody, relocation is not automatic. The moving parent must show the court that the move is in the child’s best interest, not simply their own.

In Georgia, relocation cases almost always trigger a need to modify the existing parenting plan, adjusting parenting time, transportation, holidays, and communication expectations.

Why Relocation Cases Are So Impactful

Research shows that children thrive when they have predictable routines, strong community ties, and stable relationships with both parents. Studies indicate:

• Children who remain close to both parents after separation have better emotional and academic outcomes in the first 3–5 years.

• Moves greater than 50–100 miles can significantly increase the emotional and logistical strain on families.

• Courts across the country Georgia included are increasingly cautious about move-aways because long-distance parenting can erode parent-child bonds over time.

A move that may otherwise benefit a parent, new job, new partner, or better housing must also benefit the child in a meaningful way.

Georgia Law On Relocation: The “Best Interest Of The Child” Standard

Georgia does not have a specific relocation statute. Instead, courts rely on the general “best interest of the child” standard under O.C.G.A. § 19-9-3.

This means the judge evaluates the move based on how it will affect the child’s:

• Emotional well-being

• Safety

• School stability

• Health and medical needs

• Bond with each parent

• Community connections (friends, extended family, support systems)

Unlike some states, Georgia does not automatically favor or oppose relocation. Every case is intensely fact-specific.

Key Factors Georgia Courts Consider In Relocation Cases

Georgia judges carefully weigh numerous relocation factors. These include:

1. The Reason for the Move

Is the move tied to a legitimate opportunity, such as a better job, supportive family, or safer living environment?
Or is it retaliatory, impulsive, or designed to reduce the other parent’s involvement?

2. Economic Stability

Will the move improve the child’s overall stability—such as increased income, healthcare access, or housing quality?

3. The Impact on Parenting Time

How will the move affect the child’s contact with the non-moving parent?
Georgia courts strongly value frequent, meaningful parent-child contact.

4. Each Parent’s Past Involvement

Judges consider which parent has historically handled school routines, medical appointments, extracurriculars, and day-to-day care.

5. The Child’s Age and Needs

Younger children may struggle with long-distance transitions, while older children may benefit from educational or community opportunities in the new location.

6. The Child’s Preference (If Age 14+)

Georgia allows children 14 and older to express a preference for which parent they want to live with, including in relocation cases. However, the court may override the preference if it is not in the child’s best interest.

7. The Ability to Maintain the Relationship with the Other Parent

The relocating parent must demonstrate how they will facilitate ongoing contact—video calls, holidays, travel arrangements, etc.

How Georgia Courts Handle Relocation Requests

Here’s what parents can expect:

1. Notice Must Be Provided

Even if your parenting plan does not explicitly require notice, Georgia courts expect the relocating parent to notify the other parent in advance.

2. Mediation Is Often Required

Most Georgia counties strongly encourage or require mediation before a relocation hearing. Many move-away cases are resolved here with a revised parenting plan.

3. A Parenting Plan Modification Is Usually Needed

Relocation requires an updated:

• Weekly/monthly parenting timeshare

• Holiday schedule

• Travel arrangements

• Virtual communication rules

• Expense-sharing for travel

4. A Trial May Be Necessary

If parents cannot agree, a judge will review evidence, hear testimony, and decide whether the move is in the child’s best interest.

How Relocation Affects Parenting Time

Long-distance moves make traditional schedules difficult. Courts typically consider:

• Longer blocks of parenting time during the summer

• Extended holiday visits

• Virtual visitation expectations (FaceTime/Zoom)

• Who pays for flights or driving expenses

The court’s goal is always to maintain consistent and meaningful time with both parents whenever possible.

How Relocation Affects Parenting Time

When a parent opposes the relocation, Georgia courts take that objection seriously. Judges look closely at the relationship the non-moving parent has with the child—especially if that parent has been consistently involved in day-to-day life, lives close to the child’s school and community, and provides a sense of stability that could be disrupted by the move. Courts also consider whether the move could negatively affect the child’s emotional, social, or academic development.

In other words, the objection needs to focus on how the move impacts the child, not simply how it affects the parent. Georgia courts are always looking for the option that preserves the child’s well-being and their bond with both parents.

Relocation & Custody Modification

A relocation request often goes hand-in-hand with the need to modify custody or the parenting plan. This happens when the move makes the current schedule unrealistic or no longer beneficial for the child. For example, the child may want to stay in their school or community, the moving parent may no longer be able to follow the existing plan, or the distance creates new concerns about safety, schooling, or emotional stability.

While Georgia usually allows custody changes only once every two years, relocation is considered a major enough life change that parents can request a modification at any time. The focus is always on adjusting the plan in a way that protects the child and maintains meaningful relationships with both parents.

Frequently Asked Questions About No-Fault Divorce In Georgia

How Modern Family Law Supports Georgia Parents In Relocation Cases

Move-away cases are some of the most sensitive and life-changing matters in Georgia family law. The legal standard is complex, the emotional stakes are high, and the outcome directly affects your child’s daily life. Whether you are seeking permission to relocate or trying to protect your time with your child, Modern Family Law is here to guide you with clarity, compassion, and strategic experience.

Our Georgia attorneys help parents gather evidence, negotiate modifications, prepare for mediation, and build child-focused arguments that align with Georgia law. Whatever your situation, you don’t have to navigate it alone. Modern Family Law is committed to helping you make informed decisions and protect what matters most—your relationship with your child.