Charlotte, NC asked in Child Custody for Georgia

Q: I have a 2 month old and he signed the birth certificate, I want to move to NC from GA, but he won't let me take the her

The relationship is an abusive one and we are moving back to NC. My other daughter's father and grandmother are there. Can I leave the state with her?

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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 has not standing at all. Moreover, if there isn't a court order regarding custody, you have sole legal and physical custody. Therefore, at this point, he has no standing to object to your move.

Moreover, even if there were a custody order, the father would not have absolute veto power to prevent you from leaving with the child. The court would decide if it is in the best interest of the child for the two of you to live in NC.

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