Planning a Spring Break trip or a summer move after divorce can raise serious legal questions—especially when parenting time and school schedules are involved. In Metro Atlanta, even a move that seems “close” can trigger a dispute if it disrupts the other parent’s visitation or a child’s routine.
If you need clear guidance, speak with the Buckhead family law team at Naggiar & Sarif to understand your rights before travel plans turn into court filings.
Can I Take My Child Out of State—or Move—After Divorce in Georgia?
In Georgia, whether you can take your child on a Spring Break trip or relocate permanently depends on your Parenting Plan. Temporary travel usually requires reasonable notice and an itinerary. Permanent relocation that affects the other parent’s rights typically triggers a 30-day written notice and may require a court-approved custody and child support modification under O.C.G.A. § 19-9-3.
If you’re unsure what your order allows, an Atlanta child custody lawyer at Naggiar & Sarif can review your Parenting Plan, explain notice requirements, and help you avoid violations that could be used against you in court.
Spring Break Travel: The “Consent to Travel” Checklist
Before booking flights or packing the car, run through this checklist. These are the steps Georgia courts expect parents to follow.
Check Your Parenting Plan First
Look for any “travel restrictions.” Some plans require written consent for out-of-state travel; others only require advance notice and details.
Provide Advance Notice (Best Practice: 14 Days)
While not a universal statute, many Georgia parents provide travel details at least 14 days in advance. Include dates, destination, lodging address, flight numbers, and an emergency contact.
Use a Consent to Travel Form for International Trips
If you are traveling internationally (such as Mexico or the Caribbean), you will often need a notarized consent to travel form from the non-traveling parent to help with customs and re-entry to the U.S.
Secure Passport Access Early
If the other parent holds the child’s passport, request it in writing at least 30 days before travel. This provides time to seek court intervention if the request is denied.
Tip: Many parents keep a ready-to-use Consent to Travel template to avoid last-minute disputes. In high-conflict co-parenting situations, this simple step can significantly reduce conflict before Spring Break.
If your co-parent is refusing to cooperate—or you anticipate a dispute—contact Naggiar & Sarif to discuss options like Parenting Plan enforcement, written agreements, or emergency court relief when necessary.
Vacation vs. Relocation: Why the Difference Matters
Georgia law treats temporary travel very differently from permanent relocation. Understanding the distinction is critical.
Vacation vs. Relocation at a Glance
| Issue | Temporary Vacation | Permanent Relocation |
|---|---|---|
| Length | Short-term (days/weeks) | Long-term or permanent |
| Notice Required | Reasonable notice + itinerary | 30-day written notice |
| Court Approval | Usually not required | Often required |
| Custody Impact | None | May modify custody |
| Child Support Impact | None | Recalculated under 2026 rules |
Temporary Vacation
Length: Short-term (days/weeks)
Notice Required: Reasonable notice + itinerary
Court Approval: Usually not required
Custody Impact: None
Child Support Impact: None
Permanent Relocation
Length: Long-term or permanent
Notice Required: 30-day written notice
Court Approval: Often required
Custody Impact: May modify custody
Child Support Impact: Recalculated under 2026 rules
Planning a Summer Move? The 30-Day Relocation Rule
What Counts as “Relocation” in Georgia?
A move is considered a relocation if it materially interferes with the other parent’s ability to exercise parenting time. For metro Atlanta families, this can happen more easily than expected.
Moving from Buckhead to Savannah is obvious—but even relocating from Fulton County to Gwinnett County can qualify if it disrupts school routines or weekday visitation.
Because courts focus on the child’s routine and the other parent’s ability to exercise time, it helps to understand how judges analyze custody and best-interests factors. See: how Atlanta courts determine child custody.
The Formal Notice Requirement
Georgia law typically requires:
- Written notice at least 30 days in advance
- The new address
- The reason for the move (job relocation, family support, housing change, etc.)
Failing to give proper notice can seriously damage your credibility in court.
The 2026 Child Support Connection
Under the 2026 parenting time adjustments, relocation almost always changes the number of annual overnights.
That change often triggers a recalculation of child support, making early legal planning essential.
If a move could affect support, review: child support modification in Atlanta and modifying alimony or child support in Atlanta.
Frequently Asked Questions About Travel & Moving with Children
Do I need my ex’s permission to take my child to another state?
Usually, no.
Unless your parenting plan explicitly restricts out-of-state travel, you generally do not need permission for a temporary vacation. However, you are required to provide travel details and contact information so the other parent can reach the child.
Can I move with my child if there is no custody order yet?
This is risky.
If the other parent files for custody, a Georgia judge may issue a status quo order requiring the child to be returned to the county until a hearing is held—often through the Fulton County Superior Court or the county where the case is filed.
If you’re in the early stages of separation and want to understand strategic timing, read: does it matter who files first in a divorce in Georgia.
Timing Matters: School Calendars & Court Deadlines
February and March are critical months.
If you want a relocation decision before the 2026–2027 school year, petitions often must be filed well before Atlanta Public Schools, Cobb County, or Fulton County finalize enrollment. Waiting too long can mean being locked into another school year under the existing order.
The Naggiar & Sarif Advantage in Relocation Cases
Whether you’re planning a move—or your co-parent just gave you notice of one—the window to act is small. At Naggiar & Sarif, our Buckhead attorneys handle complex relocation and travel disputes involving:
- Emergency hearings
- Parenting plan enforcement
- 2026 child support recalculations
- High-conflict interstate moves
If you need counsel from a firm that understands how Atlanta-area judges approach parenting time, relocation, and enforcement, speak with a child custody lawyer in Atlanta at Naggiar & Sarif.
Take Action Before Plans Become Problems
Spring Break trips and summer moves should not turn into courtroom emergencies.
Request a consultation on your relocation case to protect your parenting time, your child’s stability, and your legal rights.
Attorney Review & Disclaimer
This article reflects Georgia custody and relocation law under O.C.G.A. § 19-9-3 as applied in 2026.
Naggiar & Sarif provides legal counsel. For international travel requirements or immigration advice, consult the appropriate federal agency or professional.