Q: me and my son's father aren't working out. We are not married. Do I have legal right to move out with our son
A: Yes. Until there is a custody order in place, there is nothing prohibiting you from leaving the home with your son. In Georgia, until a father of a child born out of wedlock obtains an order of legitimation, he has no legal rights to custody of the minor child.
Kim Ebert agrees with this answer
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A:
My further inquiry would be how old is your son and how long have you lived in the same household with the Father?
Consult with an attorney before you do anything. I say this because if you work, and it sounds like you do, a good strategy to stall his filing an action by the Father is wise, especially if the man is controlling.
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A:
Yes, you can move out at any time. He may file for legitimation to acquire legal rights and parenting time with your child. You are also free to file for child support when you move out.
_____________________________________________________
Regina I. Edwards is the Owner of Edwards Family Law.
Ms. Edwards has been practicing law since 2001. She has been voted by her peers a Georgia Super Lawyers Rising Star in Family Law for 2018.
www.EdwardsDivorceLaw.com
404.238.7808
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A: Yes, you can do whatever you want to. He has no rights at this point. He would need to file to legitimize his relationship with the child in order to obtain rights. Talk with local counsel about defending you in this action if he files.
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