Q: When a married couple goes thru divorce and a child custody is set for joint. Can the parent move out of state?

A: No law in Georgia prevents a parent from moving out of state, however, whether the relocating parent can take a child with them depends on a number of factors.

The most common type of joint custody is joint legal custody with one parent being designated as the primary physical custodian. Generally, in that type of joint custody arrangement, the parent designated as the primary physical custodian can relocate with the child because it is still possible to maintain a joint legal custodial arrangement even if the parties do not live near each other or even in the same state.

The more difficult situation arises when the parents have joint physical custody which means that the child spends equal time with each parent. The only practical way that custodial arrangement can work is if the parties live fairly close to each other. Without an order from a court, the relocating parent has no authority to disrupt the joint physical custodial arrangement which is what would happen if the relocating parent took the child with him or her.

The final issue that arises is that Georgia law requires each parent to give the other parent at least 30 days notice prior to any relocation regardless of whether the move is across the street or to a different state. In addition to informing the non-moving parent where the child will be living while in the custody of the moving parent, it gives the non-moving parent an opportunity to file an action to modify the custodial arrangement.