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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

In Georgia, a parent planning to relocate must provide written notice to the other parent. This notice should include details like the new address, moving date, and reasons for the move. It is very important to provide this notice in a timely manor.
Georgia courts prioritize the "best interests of the child." Factors considered include:
  • The child's relationship with each parent.
  • The child's wishes (especially if they are 14 or older).
  • The reasons for the proposed relocation.
  • The potential impact of the move on the child's well-being.
  • The stability of the new location.
Yes, a parent can contest a relocation request by filing a motion with the court. The court will then determine if the relocation is in the child's best interests.
Yes, in Georgia, a child aged 14 or older can choose which parent they want to live with, unless the court determines it's not in their best interest. Children between 11 and 14 their wishes are taken into consideration.
Relocation often necessitates adjustments to visitation schedules. Courts aim to ensure the non-relocating parent maintains a meaningful relationship with the child.

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.