You just divorced your spouse and they decided to move out of the state with your children? Do not refuse to return the children, it is essential that you modify the decree. In Georgia, there must be a substantial material change of circumstance for the court to revisit its decree and modify the terms of custody. One such material change could be a dramatic relocation of the children. You are not powerless in this situation, but should immediately petition the court to modify the custody arrangement and if the move is imminent you may request an emergency hearing. In Georgia, most counties also attach a standing order which states in part that the children cannot be removed from the jurisdiction. If the custodial parent leaves after this action is commenced they could be found in contempt for violating this order and the children will be returned. If they have already left with the children the UCCJEA is an interstate rule which allows the court of last jurisdiction to maintain jurisdiction, so file your action as soon as you are able, and if the other party has not started an action in the new state you will be able to force them back to Georgia. In the end, you have significant arguments and rights when your spouse decides to move with the children; do not assume that because you are the non-custodial parent that you are powerless in this situation.
