Understanding Out-of-State Relocation with Children After Divorce in GA: Insights from The Law Offices of Sean R. Whitworth in Marietta, GA

Relocating after a divorce can be a complex process, especially when children are involved. For parents in Marietta, GA, and throughout the state, understanding the legal implications of moving out of state with their children post-divorce is crucial. The Law Offices of Sean R. Whitworth, located in Marietta, GA, offer expert guidance in navigating these challenging waters.

Georgia’s Legal Stance on Out-Of-State Relocation with children after divorce 

In Georgia, custodial parents who wish to move out of state with their children post-divorce must either notify the child’s other parent or obtain permission from the court. This law ensures that the child’s best interests are protected while maintaining a stable relationship with both parents.

The Process of Out-Of-State Relocation with children after divorce in Ga 

For parents in Marietta and across Georgia, Out-Of-State Relocation with children after divorce isn’t just a matter of packing up. Whether having full custody or joint custody, a modification of the child custody agreement is often necessary. This can be achieved through mutual agreements, written notifications, or a court order:

  • Reaching an Agreement: The most straightforward path to relocation is by mutual agreement with the child’s other parent. However, as the Law Offices of Sean R. Whitworth advise, even when parents agree amicably, they must still file their agreement with the court for it to be legally binding. This step is crucial to ensure that the new plan is enforceable and the previous one is effectively replaced.
  • Providing Written Notification: Custodial parents are required to provide written notice of their Out-Of-State Relocation with children after divorce to the noncustodial parent and any family members with visitation rights, at least 30 days before the move. This requirement, as highlighted on the state of Georgia’s website, is a critical legal step to uphold the rights of all parties involved.
  • Dealing with Contested Out-Of-State Relocations with children after divorce
    equitable Distribution: In situations where the non-custodial parent contests the relocation, they can file a petition with the court. The Law Offices of Sean R. Whitworth emphasizes that while the court cannot prevent a parent from moving, it can modify custody agreements to prevent children from relocating with them, depending on the case’s specifics.

Obtaining a Court Order: If an agreement cannot be reached, the court may intervene. The decision to allow a parent to relocate with their child is not based solely on the desire to move. Factors considered include the parent’s reasons for moving, the potential impact on the child’s standard of living and relationship with the other parent, and employment prospects in both locations. The child’s preference may also be considered.

The Role of The Law Offices of Sean R.Whitworth

Navigating the legal intricacies of relocation can be daunting. The Law Offices of Sean R. Whitworth in Marietta, GA, specialize in providing comprehensive legal support to parents facing this situation. With their deep understanding of Georgia family law, they guide clients through the process, ensuring their rights are protected and the best interests of the children are forefront.

Sean Whitworth Attorney at Law - Family and Divorce Law Expert in Marietta GA

Why Choose Attorney Sean R. Whitworth and his legal team?

  • Expertise in Georgia Family Law: With a focus on family law in Georgia, the Law Offices of Sean R. Whitworth bring a wealth of knowledge and experience, particularly in complex custody cases involving relocation.
  • Personalized Legal Strategy: Every family’s situation is unique. The firm tailors its approach to meet the specific needs and circumstances of each client.
  • Commitment to Clients: Understanding the emotional and practical challenges of post-divorce relocation, the team provides compassionate yet assertive representation.
  • Proven Track Record: The firm’s successful handling of numerous relocation cases in Marietta and across Georgia speaks to their competence and effectiveness.
  • Attorney Whitworth charges Flat Fees for all FAMILY LAW services: No guessing on fees. Divorce and the aftermath of divorce are stressful enough. Attorney Whitworth focuses on making sure that his clients are well informed and that fees are discussed in advance at your personalized consultation.

Sean Whitworth and Michelle Cassel Paralegal to Attorney Sean R Whitworth in Marietta GA


For parents considering a move out of state with their children post-divorce, the process involves careful legal consideration. The Law Offices of Sean R. Whitworth in Marietta, GA, offer the expertise and support necessary to navigate these challenges. By understanding your rights and the legal procedures involved, you can make informed decisions that align with your family’s best interests.

For more information or to seek legal counsel, contact The Law Offices of Sean R. Whitworth in Marietta, GA, for a consultation. 

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