Parental relocation refers to a situation in which a parent wants to move to a different city or state with their child from a previous relationship. Such a parent will typically have a child custody agreement with the child’s other parent that is an enforceable court order—often included in the divorce decree or in another court order for child custody and support obligations (in a suit affecting parent-child relationship or SAPCR).

The reasons a parent may want to relocate include a new job opportunity, educational opportunities, or to be closer to family members who are able to assist with raising the child. The other parent’s failure to meet child custody or visitation obligations may be cited as a factor in support of the parental relocation.

Child custody agreements and court orders typically include geographic restrictions on the parents’ travel with the children and on relocation of the parents’ residences—limiting relocation to a certain number of miles from the child’s school district or the parents’ residence at the time of divorce, for example. These restrictions are designed to ensure both parents will have frequent and continuing contact with the child.

Geographic restrictions can be changed by agreement of the parents or by court order if the spouse seeking to relocate files a motion to modify the child custody order. If the parents are not able to agree on relocation terms the court will generally make the decision on whether to permit or deny relocation based on what is in the best interests of the child.

In Georgia, parental relocation is governed by state statutes and case law regarding child custody. When a parent wishes to move with their child to a different city or state, and there is an existing child custody agreement or court order in place, they must adhere to any geographic restrictions specified within that agreement or order. These restrictions are intended to maintain both parents' ability to have frequent and continuing contact with the child. If a parent wants to relocate and it conflicts with the established agreement, they must seek a modification of the child custody order by filing a motion with the court. The other parent can agree to the relocation or contest it. If the parents cannot reach an agreement, the court will decide based on the best interests of the child, considering factors such as the reasons for the move (e.g., job opportunity, education, proximity to family), the impact on the child's well-being, and the ability to maintain a relationship with the non-relocating parent. It's important to note that unilateral relocation without court approval or agreement from the other parent can lead to legal consequences, including potential changes in custody arrangements.