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Atlanta Child Custody Relocation Lawyer

Skilled Child Custody Relocation Lawyers Serving Atlanta, Georgia

Atlanta Custody Relocation LawyerChild custody relocation cases are among the most complex and highly contested family law cases.  Seeking legal counsel is advisable for both relocating and non-relocating parents. Our Atlanta child custody relocation lawyer is dedicated to providing expert guidance, and assisting clients in understanding their rights, responsibilities, and the potential implications of relocation on custody arrangements.

Importantly, a move does not have to just be from one state to another. A move from Atlanta to Savannah or Macon, for example, could warrant a modification of custody.

The relocating parent must file a petition with the court, outlining the reasons for the move and how it benefits the child. Courts scrutinize the proposed relocation, considering factors such as the child’s age, educational opportunities, and the relationship with both parents. Our Atlanta family law firm emphasizes the importance of presenting a clear, compelling case that places the child’s welfare at the forefront.

Effective communication between parents is essential during the relocation process. Our firm advocates for an open and cooperative approach, as courts often look favorably upon parents who actively involve the non-relocating parent in the decision-making process. Timely and transparent communication can help build trust and increase the chances of an amicable resolution. According to O.C.G.A. § 19-9-40, a parent intending to relocate must provide formal written notice to the other parent. This notice must include:

  • The intended new address and contact information.
  • The proposed date of the move.
  • The specific reasons for the relocation.
  • A proposed revised visitation schedule for the non-relocating parent.

Meet Our Atlanta Child Custody Relocation Attorneys

About Danny Naggiar:
Danny Naggiar, a founding partner of Naggiar & Sarif in Atlanta, is a prominent divorce and family law attorney with a robust track record in complex litigation. Originally from Miami Beach, Florida, he graduated cum laude with a B.A. in Economics from Tulane University and earned his J.D. from Georgia State University, where he served as an Associate Editor of the Law Review. Known for his aggressive yet empathetic approach, Naggiar has built a reputation as a skilled trial attorney, mediator, and advocate in high-stakes divorce and custody cases across Georgia. Read full bio and credentials

  • Top Recognitions: Consistently named a Super Lawyers “Top 100 Attorney” in Georgia (2010-2024), recognized by Best Lawyers in America, and listed among Georgia Trend Magazine’s Legal Elite.
  • Legal Contributions: Frequent lecturer at family law seminars nationwide and co-founder of Naggiar & Sarif, a firm celebrated as a U.S. News and World Report Best Law Firm.
  • Media Presence: Featured in outlets like the Atlanta Journal-Constitution, ESPN Outside the Lines, and Family Lawyer Magazine for his expertise in divorce and family law.
  • Professional Honors: Recipient of Fulton County Daily Report’s “On the Rise” award and a member of the Georgia Bar Association’s Family Law Section, reflecting his leadership in the field.

David Sarif:
David Sarif, a founding partner at Naggiar & Sarif in Atlanta, is a highly accomplished divorce and family law attorney with a distinguished career. Raised in Atlanta after being born in Cape Town, South Africa, he earned a BBA from the University of Texas at Austin’s McCombs School of Business and a J.D. from Georgia State University College of Law, where he received the CALI Award in Securities, Interests, and Liens. With extensive experience as a trial attorney, mediator, arbitrator, and Guardian Ad Litem, Sarif is recognized for his expertise in high-asset and complex family law cases. Read full bio and credentials

  • Top Recognitions: Named “Lawyer of the Year” for Family Law by Best Lawyers in America, featured in U.S. News and World Report, and selected as a Super Lawyers “Top 100 Attorney” in Georgia multiple years (2009-2024).
  • Legal Contributions: Adjunct professor at John Marshall Law School, author of articles like “Bitcoin and Cryptocurrency Issues in Divorce” for the Georgia Bar Family Law Review, and a frequent speaker at national CLE conferences.
  • Media Presence: Quoted in CBS Atlanta, ESPN Outside the Lines, and the Atlanta Journal-Constitution, with appearances in Family Lawyer Magazine and OK Magazine.
  • Professional Honors: Georgia Trend Magazine’s Legal Elite, Fulton County Daily Report’s “On the Rise” award, and a fellow of the American Bar Foundation (top 1% of attorneys).

Understanding Georgia’s Relocation Laws

In Georgia, custody orders are legally binding agreements that dictate parenting responsibilities. Relocation may necessitate a modification of these orders. Our firm stresses the importance of obtaining court approval for any changes to prevent legal complications down the line. Failing to seek approval can result in serious consequences, including contempt of court charges.

The parent seeking to relocate bears the burden of proving that the move serves the child’s best interests. Our legal team understands the nuances of presenting a persuasive case, highlighting factors such as improved living conditions, educational opportunities, and enhanced emotional support systems at the proposed location. Adequate preparation is key to demonstrating to the court that the relocation is in the child’s best interests.

As children mature, their preferences may carry more weight in custody decisions. Georgia courts may consider the child’s age, maturity, and ability to express informed preferences when evaluating relocation cases. Our firm emphasizes the importance of involving the child appropriately in the decision-making process, ensuring their voice is heard and considered.

Client Testimonials

See what our previous clients are saying about their experience with us.

“He was experienced, smart, and responsive to all my (many) questions”

Danny Naggiar represented me in my divorce and custody case. He was experienced, smart, and responsive to all my (many) questions. I was very impressed with his advocacy on my behalf and recommend him to anyone who needs his help. From the initial consultation to the finalization of my divorce he was there every step of the way. He’s the best. Thanks Danny!

J.P.

“I highly recommend this firm”

David and his team are fantastic divorce attorneys. Incredible service, great communication, and excellent communication. I highly recommend this firm if you need top notch advocates who will fight for you.

Graham R.

“Outstanding attorney and gives excellent counsel”

David Sarif is an outstanding attorney and gives excellent counsel. He’s also a genuinely nice guy and showed empathy as a guardian ad litem in a prolonged custody dispute. His expertise and guidance helped produce a positive outcome for my family. I am very thankful for his service.

David P.

“Professional and compassionate family law practice”

Professional and compassionate family law practice. I highly recommend consulting with them for any family law concerns.

Tess W.

“the team was professional and knowledgeable”

From the initial consultation to resolution, the team was professional and knowledgeable. They took the time to explain every detail and kept me informed throughout the entire process. Their dedication and expertise are second to none.

John M.

The “Best Interests of the Child” in Relocation Cases

Georgia law, specifically under O.C.G.A. § 19-9-40, governs child custody and relocation. When a parent with custody intends to relocate, it can significantly impact the non-relocating parent’s rights and the child’s well-being. The court’s primary concern is always the “best interests of the child.” Read more about Georgia relocation laws or call our custody relocation attorneys at (404) 816-2004 to discuss your specific situation.

In Georgia, as in most jurisdictions, the “best interests of the child” is the paramount consideration in custody and relocation cases. This standard is not a simple formula but rather a complex evaluation of various factors. Courts will consider:

  • The child’s wishes: If the child is of sufficient age and maturity, their preferences may be considered.
  • The child’s relationship with each parent: The court will assess the strength and stability of the parent-child bond.
  • The child’s emotional and physical needs: The court will consider the impact of the relocation on the child’s well-being.
  • The parents’ ability to provide for the child’s needs: This includes financial stability, emotional support, and a safe environment.
  • The impact of the relocation on the child’s educational opportunities: Courts will look at the quality of schools in the new location.
  • Any history of domestic violence or substance abuse.

Our Atlanta family law attorneys understand how to present compelling evidence that demonstrates how a relocation would (or would not) serve your child’s best interests. We will work diligently to protect your child’s well-being throughout the legal process.

Failure to provide proper notice can result in legal consequences. The court will consider various factors when evaluating a relocation request, including the reasons for the move, the impact on the child’s relationship with the non-relocating parent, and the child’s overall well-being. The Atlanta custody relocation attorneys at Naggiar & Sarif can help you understand these complex laws and represent your interests effectively.

Frequently Asked Questions About Custody Relocation

The first and most crucial step is to provide written notice to the other parent at least 30 days before your intended move. This notice should be sent via certified mail and include the new address and the reason for the relocation. If the other parent objects, the matter will likely go to court for a judge to decide. If they agree, it's still best practice to have the new arrangement formalized with a court-approved modification. An Atlanta child custody relocation attorney can guide you through the specific notification requirements and legal procedures.

When a parent wants to move, the court's sole focus is on what is in the best interests of the child. The relocating parent has the burden of proving that the move is beneficial. Key factors a judge will evaluate include:

  • The reason for the move (e.g., a better job, to be closer to family).
  • The child's relationship with each parent.
  • The impact of the move on the child's emotional, educational, and social well-being.
  • Each parent's willingness to foster a continuing and meaningful relationship between the child and the other parent.

Yes, moving without proper notice or a court order can have severe legal consequences. A judge can hold a parent who moves without permission in contempt of court and may order the child's immediate return to Georgia. More importantly, it can be a significant factor against you in a custody modification case, and a judge may decide to award primary custody to the parent who remained in Atlanta. This is a risk no parent should take, which is why consulting with a custody relocation attorney is vital.

If you receive a relocation notice from your co-parent and you object, you must act quickly. You have a limited time to file a petition with the court to prevent the move. The court will then review the request to determine if it is in the child's best interests. Your Atlanta child custody relocation attorney can help you prepare your objection and present a strong case as to why the relocation would be detrimental to your child's welfare or your ability to be a meaningfully involved parent.

Yes. While many people think of relocation as an out-of-state issue, Georgia's child custody relocation laws apply to any move that "greatly hinders" the other parent's ability to exercise their parenting rights. A move from one side of Atlanta to another, or from Atlanta to Savannah, could be considered a relocation if it significantly increases travel time, travel costs, or disrupts the current schedule. The focus is always on the impact on the existing custody order, not on a set distance.

Why Choose Us for Your Atlanta Custody Relocation Attorney

When it comes to navigating the complexities of custody relocation cases in Atlanta, you need a legal team you can trust. At Naggiar & Sarif Family Law Firm, we bring years of experience, personalized attention, and a proven track record to every case. Our Atlanta family law attorneys understand the emotional and legal challenges of relocation disputes, and we’re committed to protecting your parental rights while advocating for your child’s best interests. With in-depth knowledge of Georgia family law and a strategic approach tailored to your unique situation, we stand out as your dedicated partner in achieving a favorable outcome. Choose us for compassionate guidance, skilled representation, and unwavering support every step of the way.

Contact Our Atlanta Custody Relocation Lawyer Today

Custody relocation in Georgia involves a careful balance between the rights of the relocating parent and the best interests of the child. Naggiar & Sarif recognize the challenges associated with these cases and remain committed to guiding parents through the legal process with clarity, precision, and a focus on achieving the most favorable outcome for all parties involved. Contact our firm today by calling or filling out our contact form to set up an initial consultation.