QUESTION

My ex-wife and I have had joint physical custody (2 weeks on/ weeks off) for 6 years. She is wanting to get married and move to MS.

Asked on Mar 10th, 2012 on Family Law - Georgia
More details to this question:
Where her family lives (we currently live in Atlanta). How difficult will it be for her to do that?
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1 ANSWER

Child Protection & Advocacy Attorney serving Cumming, GA at Cordell & Cordell, P.C.
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A court cannot prohibit a parent from moving out of state with the children.  However, since you share physical custody, I would imagine that she would need to file for a modification of custody in an attempt to gain primary physical custody.  A parent moving out of state qualifies as a material change of conditions that would serve as a basis for the modification action.  I recommend contacting an attorney who can further assist you. Diona M. Potter Potter Sieg, LLC   DISCLAIMER This answer is not intended to, nor does it create, an attorney-client relationship. It is not intended to constitute legal advice.  It is provided solely for informational purposes.  Do not assume that the legal theories I mention that pertain to GA will apply in your State. The facts of each case are different, and it is therefore critical for you to consult with a qualified attorney with whom you can share information which can be thoroughly assessed, so that you can get competent legal advice from which you can make an informed decision.  
Answered on Mar 16th, 2012 at 1:14 PM

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