Custody and Relocation
The Supreme Court of Georgia recently affirmed a case from Gwinnett County Superior Court regarding relocation and child custody. Almon-Davis v. Davis, 286 Ga. 456 (2010). In that divorce case, both parties requested primary physical custody of their three minor sons. At the request of the husband, the court appointed a Guardian ad Litem (“GAL”) to investigate and make a custody recommendation. Id. at 457. After conducting his investigation, the GAL recommended that the father, who was living in Denver at the time, have primary physical custody, and the trial court entered a final judgment and decree of divorce to this effect. Id.
The mother appealed, contending “the trial court abused its discretion in adopting the GAL's report and recommendation… without considering the impact on the children of the Husband's out-of-state move.” Id. The Georiga Supreme Court disagreed, quoting a seminal relocation case, which states: “When exercising its discretion in relocation cases, as in all child custody cases, the trial court must consider the best interests of the child and cannot apply a bright-line test…[T]he primary consideration of the trial court in deciding custody matters must be directed to the best interests of the child involved, that all other rights are secondary, and that any determination of the best interests of the child must be made on a case-by-case basis. This analysis forbids the presumption that a relocating custodial parent will always lose custody and, conversely, forbids any presumption in favor of relocation.” Id., quoting Bodne v. Bodne, 277 Ga. 445 (2003). The Supreme Court of Georgia reviewed the transcript and found that the trial court’s consideration of the father’s move “in regard to the children’s welfare and its pragmatic consequences were pivotal” in its custody determinations. Almon-Davis at 458.
Thus, in relocation cases, there is not a presumption that someone will win or lose custody due to a party moving out of the city or state. The court will always look at the specific facts of the case and determine the best interests of the children involved.
