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Relocation and Child Custody

In the case of Bodne v. Bodne, 588 S.E.2d 728 (Ga. 2003), the Georgia Supreme Court declared that should a custodial parent plan to relocate out of state, the determining factor as to whether or not such relocation will be allowed is the determination of the best interests of the child. A custodial parent wishing to relocate with his/her children must notify the non-custodial parent 45 days in advance of the move. Should the non-custodial parent wish to block the relocation, he or she must show that the distance caused by such move will have a detrimental effect on his/her relationship with the child(ren). The non-custodial parent has the burden of proving the move is not in the child's best interest. At Hollingsworth & Hawley, we are experienced at handling such petitions for both custodial and non-custodial parents.