Georgia Emergency Relocation Attorneys

In the State of Georgia, nearly all parenting plans and divorce settlement agreements incorporate clear language indicating that the primary custodial parent must notify the parent with a visitation schedule about any intended move – especially if it involves moving out of state. Because such a move will likely seriously limit the amount of time your ex will be able to spend with your shared children, the state wants to ensure that he or she isn’t unilaterally stripped of his or her parental rights. As a result, the court will generally hear modification petitions for changes in custody that can result in modified custody arrangements (or in altered visitation schedules that address the proposed move). In some situations, however, emergency relocation orders are necessary. If you are in need of an emergency relocation, don’t delay consulting with an experienced Georgia emergency relocation attorney.

Emergency Rulings

The State of Georgia does have provisions in place for instances when emergency relocation is necessary. Typically, a situation warrants emergency action only if the children involved are in danger or if there are credible allegations of child neglect or abuse. To obtain the emergency court order you need to relocate with your children, you’re required to file an emergency petition with the court. Emergency custody orders are usually ex parte, which means that you won’t need to notify your children’s other parent of your intention or of the legal action you are taking. The emergency orders granted by the court are typically temporary, and you’ll need to readdress the issue before the temporary standing concludes (usually within 30 days).

Your Emergency Petition

In your petition for emergency custody that will allow you to relocate, you’ll need to provide the following:

  • Basic personal information about yourself, your children’s other parent, and your children, including your full names, your dates of birth, and your current addresses
  • Your reasons for requesting an emergency custody modification (for relocation)

The outcome of your petition is far too important to leave to chance and working closely with a dedicated emergency location attorney is always in you and your children’s best interests. 

Your Emergency Hearing

At your emergency hearing, the judge assigned to your case will take your claim into careful consideration and will provide you with an immediate ruling. The judge’s ruling will be based on the evidence that you’re able to present, which can include any of the following:

  • Medical documentation from doctor visits, trips to the emergency room, and your children’s medical records in general
  • Any relevant police reports
  • Photos depicting abuse
  • Outside testimony
  • Any other evidence that supports your claim

An Experienced Cumming Emergency Relocation Attorney Can Help

If you’re in need of an emergency custody order for relocation, the Forsyth County emergency relocation attorneys at Banks, Stubbs & McFarland have the legal experience, commitment, and compassion you and your children need. We’re here to help, so please don’t hesitate to contact us online or call us at 770-887-1209 for more information today.