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Out of State relocation with a minor child I have sole custody of.

1 Answers. Asked on Oct 09th, 2012 on Family Law - Georgia
More details to this question:
I currently have sole custody of our minor child, we are in the middle of a case to which he filed legitimation and visitation. Under a temporary order he has one day a week of monitored visitation and has to take an alco sensor test ahead of time to prove his sobriety. I am selling my home and wish to move back to FL from GA to be with my family and go back to college for a better career for my family. Will it be difficult to have the Judge grant a relocation out of state and limit his visitation to one day every other weekend monitored given he is current with his child support obligations. I will be providing the transportation as I will need to come to GA every other weekend. Please note he has been arrested several times for family violence and again while under our temporary order pending the final hearing I filed a motion to remove his now visitations because of the violence but it was not granted. Irwin County GA.
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Answered on Oct 12th, 2012 at 9:22 AM

There are 4 Judges (maybe 5 now, if Judge Parrott was replaced) and they all view this sort of request differently.  The main reason for your move is a big part of your case.  Are you moving for a reason any or all of the Judges there find acceptable?  That's a tough one since none of us have the ability to predict what anyone, especially a Judge will say.  If he is actually taking full advantage of his visitation periods and has done well with them - not missed any, been sober, not acted out or volatile, then he is working toward unmonitored visitation, which he may be granted at the permanent or final hearing if he continues to do well.  If you look at it that way, if he gets unmonitored visitation at the final, whenever that may be, then he will have the child(ren) for a full weekend, every other weekend, and you'll be in another State.  The Courts tend to work toward both parents having access to the children in a divorce situation, and this is similar to that since he is the Father and he is showing an interest.  So, I cannot say that you have more than a 50/50 chance, given what information you have provided, under the circumstance I note here.  Other concerns and considerations include what family there is here, where he, you, and the children presently reside.  Any family here?  Are the children old enough to have a lot of connection here to school, church, etc.?  All of these are considerations.  Without some heavy duty detail, it would be difficult to say whether or not your case would be worthwhile, at least at this time.

Danielle D. D'Eor-Hynes, Esq, Family Law Center, LLC; 478-971-1877;


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Family Law
A family law attorney can guide you through the many legal issues facing couples, parents and their children. Family law lawyers can work with individuals who are engaged or married to create pre-nuptial agreements and post-nuptial agreements. Family law attorneys will also work with individuals and couples seeking to start or grow a family through adoption. And law firms can work with individuals who are getting divorced to negotiate a divorce agreement, including alimony, palimony, the division of property and debts, child custody, child support and visitation.
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