Divorce and Custody: Properly Serving A Notice To Relocate

Question:Kevin Mammola Atlanta Divorce Attorney

My ex-wife has primary child custody of our children and she just filed an intent to relocate motion.

She sent it to me via regular mail and to the wrong address, but I still ended up receiving it anyways.

Aren’t these type of motions or documents supposed to be served to me via certified mail?

Answer:

While I am not licensed to practice in your jurisdiction, I can provide you with some general divorce help for men regarding the issues you present in your question.

The first thing you should do is refer to the language of your final order. If your order specifically requires that the party send the notice of intent to relocate via certified mail, then you could argue that she failed to follow the requirements set forth in the order and therefore any relocation she makes with the children is in violation of the court’s order.

Of course, the intent of a provision requiring that the custodial parent send you written notice of her intent to relocate is to provide you with advanced notice, and to provide you with an opportunity to contest the relocation.

Here, you did in fact receive the notice; therefore, the fact that the document was not forwarded to you via certified mail may be irrelevant.

In any event, if the final order does not include any language requiring your ex-spouse to notify you via certified mail of a notice of intent to relocate with the children, then you should consult with a local attorney to determine whether your state has a law requiring that such notice is sent via certified mail.

As I stated previously, I am not licensed to practice in your jurisdiction. Therefore, I recommend that you seek advice on divorce from a local attorney that is more familiar with the procedure, custom, and practice in your jurisdiction before you take any legal action.

To schedule an appointment with a Cordell & Cordell attorney, including Kevin Mammola, an attorney in the Atlanta, Georgia office of Cordell & Cordell, please contact Cordell & Cordell.

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