Q: My divorce was in GA.I signed that if my ex, who is custodial parent, moves out of state, I couldn’t modify
custody. My daughter is now 14 and has signed affidavit to live with me and her dad is moving to Texas. Will court in GA allow her to live with me
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A: An agreement not to modify is probably not what you signed and not enforceable. Georgia can modify if they determine it's in your child's best interestm. Whether they will or not is a tougher analysis you need to speak with an attorney about.
Ellaretha Coleman agrees with this answer
A: I agree with attorney Edwards. Agreements not to modify are not typically enforced in Georgia. Your daughter's custody election is a rebuttable presumption that she should be allowed to live primarily with you, but is not absolute. The court must still make a determination of whether it is in her best interest.
A: I would speak directly with an attorney and take all of your divorce documents with you. Then they can determine exactly what you orders state. However, absent viewing those documents, if the custodial parent has plans to move out of state, the notice requirement is put in place to give the non-custodial parent a change to file for a modification of custody, prior to the custodial parents move. Therefore, now that you have been placed on notice of his intent to leave the state, you should quickly hire an attorney and file for a modification so that a standing order goes in place, and the child can then remain in the jurisdiction, while the case is pending.
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