Moving out of state (GA/ TN)

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Old Apr 17th, 2013, 11:12 AM   #1
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Default Moving out of state (GA/ TN)

My wife and I are diverting and we have two small children ages two and three. We currently live in Ga. because she is from here and her family and friends are here. I am from Tn and have no family and friends here.. They are all in Tn. I want to move back home but she says I won't be allowed to take the kids out of Ga. even for my joint custody. Any advice?
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Old Apr 17th, 2013, 12:02 PM   #2
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Default re: Moving out of state (GA/ TN)

I wish to inform you that children can move out of state once a court order has been granted or other parent has consented. As other parent does not agree therefore you can have a court order regarding moving of children. In this court considers best interest of child as main consideration. Best interest include factors that child should be able to keep in contact with both the parents and thus you will have to suggest court as to how child can keep contact with other parent and this may include possible visits etc. Further you can argue based upon economic and family points in your favor.

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Old Apr 17th, 2013, 12:04 PM   #3
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Default re: Moving out of state (GA/ TN)

That is not inherently true.

It all depends on how hard she fights, who is awarded what type of custody, etc.

There are two types of custody: legal and physical. Either or both can be joint or sole.

It depends on what part of Georgia and what part of Tennessee you are talking about. If they are still close together, then there is no reason it couldn't be done. There are federal laws that basically require states to work together in custody and support issues that involve more than one state.

It is indeed possible that you could take the children to TN. You may, however be required to cover all transportation costs for the children each time they go back and forth.
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Old Apr 17th, 2013, 01:07 PM   #4
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Default re: Moving out of state (GA/ TN)

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Originally Posted by psycosson View Post
My wife and I are diverting and we have two small children ages two and three. We currently live in Ga. because she is from here and her family and friends are here. I am from Tn and have no family and friends here.. They are all in Tn. I want to move back home but she says I won't be allowed to take the kids out of Ga. even for my joint custody. Any advice?
The children, presumably, will be living with their mother most of the time, considering their age. Joint custody means that the parents have equal say in parenting the children -- it does not mean joint residency.

Parents choosing to change states after a marriage dissolves is not that uncommon -- job considerations, family support, a new relationship and family -- all are reasons for one parent to move out of state.

Your children are young -- but should be old enough to spend extended times during the summer and holiday with their dad and dad's family in Tennessee. Unless you are prone not to return the children, there should not be a restriction on out of state trips to spend time with their father. Separating is going to be hardest on the children, not having dad around every day and night as they are used to. The visitation schedules need to be as generous as possible, factoring in the children's age.

Unlimited phone contact, Skype or 'smart phones' if you have them -- every means possible to keep in contact and involved in the children's lives should be your goal. The children will benefit most in the long run.

So work out a schedule, extended time over the summer like a month or so, vacations, Christmas how that holiday will be split -- and get it down on paper so when you sit with your wife the two of you will have something to work out solidly.

As to refusing to allow the children to visit out of state, that is unreasonable unless you give her (and the court) any indication you will not return them.
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Old Apr 17th, 2013, 07:52 PM   #5
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Default Re: Moving out of state (GA/ TN)

You should stay in GA, until you have a workable long term visitation plan fair to both parents on record through the court. Remember to account for the children reaching school age. You will likely be responsible for transportation costs, however, you need to make sure you have something neutralizing the expenses if mom moves out of that county. Once this in place, you can safely move to TN, with less problems likely down the road.
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Old Apr 17th, 2013, 11:21 PM   #6
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Default Re: Moving out of state (GA/ TN)

States have different laws about whether the custodial parent must get permission from the ex-spouse or the court before moving with the child, with case laws tending to favor the parent wishing to relocate. Where parents have joint legal custody, they have equal rights and responsibilities for the child's health, education and religious upbringing, but one parent generally has physical custody. Where parents have joint physical or shared custody, the courts might view a relocation request as if it were a request for a change of custody, especially if the relocation destination is far enough away to make shared physical custody impossible. If the custodial parent moves out of the state with the children, the Uniform Child Custody Jurisdiction and Enforcement Act gives jurisdiction over custody issues to the state where the child lived with one or both parents before custody was awarded.
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