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Move Away, Lose Custody

By ALM Staff | Law Journal Newsletters |

Divorced parents who move out of state risk losing custody of their children, according to a recent decision by the Georgia Supreme Court. The court overruled years of Georgia case law when it ruled 4-3 that custody issues can be revisited if the primary guardian decides to leave the state. Bodne v. Bodne, S03G0275, Nov. 11, 2003.

Lower courts now may consider how a parent's move will affect a child and use that as the basis for changing custody rights. Courts “must consider the best interests of the child and cannot apply a bright-line test” in such cases, said Justice Carol W. Hunstein, writing for the majority. Before the decision, a primary caretaker could move without fear of reopening costly and emotional custody issues. Non-custodial parents could seek a change in visitation rights, but they could not contest custody successfully unless they could prove adverse living conditions, according to Randall M. Kessler, a family lawyer with Kessler & Schwarz.

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