Moving Away With a Child in Georgia: Relocation Notice, Distance Rules and Burden of Proof
Georgia requires a parent who changes residence to give the other parent at least 30 days’ notice with the full new address, unless a court order says otherwise. The statute sets no distance rule, presumption or burden of proof for relocation.
Does Georgia have a relocation law?
Georgia has a notice rule for a change of residence, not a full relocation statute. Except where a court order provides otherwise, a parent who changes his or her residence must notify the other parent, and a custodial parent must also notify others granted visitation, at least 30 days before the anticipated change, with the full address of the new residence (O.C.G.A. 19-9-3(f)(3)).
| Question | What the statute says |
|---|---|
| Notice of a change of residence | At least 30 days before the anticipated change, with the full address of the new residence |
| Who must give it | A parent who changes his or her residence, to the other parent and, for a custodial parent, to others with visitation |
| Exception | Where a court order provides otherwise |
| Court notice | The court keeps jurisdiction to order the custodial parent to notify it of changes in the child’s residence |
| Presumption for or against moving | None in the statute |
| Standard for a custody change | A change in material conditions or circumstances and the child’s best interest |
Does the statute set a distance or a burden of proof in Georgia?
No. It names no mileage, no presumption for or against a move and no burden of proof. The text we reviewed carries a note that the standards for relocation may be found in case law, so ask a licensed Georgia attorney how the superior court treats a move in your situation.
How is a move handled in practice in Georgia?
As a question about the existing custody order. A change in custody in a new proceeding needs a showing of a change in material conditions or circumstances, and the best-interest factors include continuity, the stability of each parent’s home and community support, the child’s school and community record and each parent’s employment schedule (19-9-3(a)(3), (b)). A child 14 or older may select the parent to live with, which can itself be a material change (19-9-3(a)(5)).
What about a custodial parent’s duty to the court in Georgia?
When a judgment awarding custody has been entered, the court retains jurisdiction to order the custodial parent to notify the court of any change in the child’s residence, and a custodial parent must notify the other parent in writing of a change in the pickup and delivery address if the court orders it (19-9-3(f)(1)-(2)).
What about a parent in the military in Georgia?
A military parent’s deployment can lead to a temporary modification order, which requires the nondeploying parent to give the court and the deploying parent at least 30 days’ written notice of an intended change of residence address, phone or email, and a relocation by the nondeploying parent during that period does not end the court’s exclusive continuing jurisdiction (19-9-3(i)(9)-(10)).
What about support and the schedule after a move in Georgia?
A move can change the parenting schedule and the days used for child support under O.C.G.A. 19-6-15. Recount with the Georgia parenting time calculator and run the Georgia child support calculator.
What should you do before moving in Georgia?
Read your custody order or parenting plan, which may restrict moving, and give the 30-day written notice. If the move would change the schedule, ask the court for a modified order or get a written agreement first, and ask a licensed Georgia attorney.
Frequently asked questions
How much notice do I have to give before moving in Georgia?
At least 30 days before the anticipated change of residence, with the full new address, unless a court order says otherwise.
Does Georgia have a distance rule for relocation?
None appears in 19-9-3.
Who has the burden of proof in a Georgia move case?
The statute states none; a custody change needs a change in material conditions or circumstances and the child’s best interest.
Does a Georgia notice of moving require the full address?
Yes. The notice must include the full address of the new residence.
Does a move change Georgia child support?
It can, if it changes the court-ordered days.
Official sources
- O.C.G.A. 19-6-15: child support guidelines
- O.C.G.A. 19-9-3: custody of child; best interest factors; change of residence
- Georgia Child Support Commission: online child support calculator
- Georgia Child Support Commission: parenting time adjustment instructions
- Georgia Code Title 19, chapter 5: divorce
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Georgia statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Georgia attorney.