If you are married and want to move away from your current home with your children with your spouse in order to be closer to your family, there is most likely nothing legally to stop you unless a court order exists that says otherwise. Your spouse legally has no right in most cases to prevent you from moving with the kids just because you share minor children together. With that being said, you should always do what is in the best interest of your children when making such a big decision. The court looks at both parents’ past behavior and decisions to determine child custody based on “the best interest of the child” standard. Your unilateral decision to move with the children can backfire and even cause you to ultimately lose custody of your children in the divorce.
Generally, the best solution would be for you and your husband to work out an amicable agreement for child custody and visitation. Raising children is a rewarding yet stressful at times experience and if you add custody battles to the mix, things become much more difficult. If you cannot reach an agreement on your own, you may consider mediation. Mediation can frequently help divorcing couples come to an agreement more easily than if they try on their own. If you can’t reach an agreement about child custody, the courts will decide the issue for you.
Issues involving custody and divorce can be sticky, but having an experienced advocate on your behalf can help immensely. If you are considering divorce, call Atlanta Divorce Attorney Shalamar Parham at 678-439-1482 for a consultation.
Shalamar J. Parham is a divorce and child custody attorney in Atlanta, Georgia. She is a 2014-2019 SuperLawyers Georgia Rising Star honoree. She advocates for her clients with the goal to get them a final resolution that brings them more peace and a new, fresh start at the conclusion of their matter.
Parham Law Firm
400 Galleria Pkwy, Suite 1500
Atlanta, GA 30339