Norcross, GA asked in Child Custody, Child Support and Family Law for Georgia

Q: What will happen if the mother moves before she is served the legitimization papers for our child to be in court?

The mother of my child is moving out of state in 30 days. I just filed the legitimization papers yesterday. Our son is 7 months right now. She will not tell me where she is moving to, she won't give me her number to contact her about him. If she move before they serve the papers, what will be the next step in the process? I know you cannot stop the parent from moving to another state but shouldn't I be able to know where he is. She have already put me on child support and it went into effect June 1, 2019. All I know to do is legitimize our son so I will have some rights, say so, and visitation to him.

2 Lawyer Answers
Ellaretha Coleman
PREMIUM
Answered

A: Until she is served, there is no standing order to prohibit her from leaving the state with your child. Unfortunately, until you are legitimized, she does not have to advise you of her whereabouts either as you have no rights to custody or visitation until then. You should aggressively pursue getting her served now, while you know where she is living.

Samantha A Holloway agrees with this answer

Regina Irene Edwards
PREMIUM
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Answered

A: You need to contact attorney about serving her before she leaves the state.

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