Cumming, GA asked in Family Law for Georgia

Q: Can I leave the state with my kid if I have full custody and her dad isn't involved?

My daughter is 4 and her dad hasn't seen her since she was 3 mo old. We live in GA and I am wanting to move out of state. He isn't on the birth cert and has never legitimized her. He pays child support but is completely uninvolved. I've even filed child abandonment charges, which he served a year on probation for. Can I leave the state without telling him?

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1 Lawyer Answer
Paula J. Mcgill
Paula J. Mcgill
Answered
  • Marietta, GA
  • Licensed in Georgia

A: If he hasn't legitimated the child, he is not the legal parent. Therefore, you can leave the state without notifying him first. However, Georgia has jurisdiction of all child custody/visitation issues, including legitimation for six months. So, it doesn't stop him from legitimating the child in Georgia after you leave.

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