Duluth, GA asked in Family Law and Child Custody for Georgia

Q: Do I need legitimized father’s consent to move into newly purchased home with 2 year old daughter?

We have never been to court about custody but she was legitimized before we left hospital when she was born. The lease of the rental home is in my name and they are listed as residents. The purchased home is in my name. He is very emotionaly abusive and always threatens to get custody of her.

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3 Lawyer Answers
Regina Irene Edwards
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Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: You do not need anyone's permission to move.

1 user found this answer helpful

P. Justin Thrailkill
P. Justin Thrailkill
Answered
  • Divorce Lawyer
  • Fayetteville, GA
  • Licensed in Georgia

A: If your child is only two, then the form he signed at the hospital likely does not amount to a legitimation. What he signed is likely a paternity acknowledgement. Administrative legitimations were abolished in Georgia as of July 1, 2016. Even if your child was born prior to that date, and he did sign an administrative legitimation, it does not give him any rights to custody. He still has to go to court to file for custody.

While it is possible he will file something to create these rights, there is nothing stopping you from moving out with your child at this point in time. If he does file, and you are served, you need to consult with an attorney immediately concerning defense of the action and protection of your rights.

1 user found this answer helpful

Ellaretha Coleman
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Ellaretha Coleman
Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: No, you do not need his permission. Until he has a court order of legitimation, he has no custodial rights.

1 user found this answer helpful

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