Asked in Family Law, Child Custody and Child Support for Georgia

Q: in the state of georgia can the mother leave the state with my child if he's not legitimize and we have an open case

I've been trying to serve the mother of my child to legitimize him & she has been dodging me, not providing certain info like what daycare he was going to or address. Now she tells me that she is in Texas, still with no address, while I'm still payment child support & trying to serve her. Can she do that, because I have friends & family saying she can't do that & its against the law.

4 Lawyer Answers
Regina Irene Edwards
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Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: If she hasn't been served, she legally is allowed to move. You probably need to hire a private investigator to find her and serve her.

--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777

Homer P Jordan IV agrees with this answer

Homer P Jordan IV
Homer P Jordan IV
Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: I agree with my colleague, if she hasn’t been served yet then there is nothing barring her from leaving the state with the child. You should consult with an attorney who can help you plan the proper course of action to address the situation. -Homer P. Jordan IV, Esq. 404-620-1558

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

A: I agree with both of my colleagues. The father has no custodial rights until a legitimation order is signed. If she has not been served, there are no restrictions on her leaving the state with the child.

Priscilla T. Upshaw
Priscilla T. Upshaw
Answered
  • Powder Springs, GA
  • Licensed in Georgia

A: I agree with my colleagues. Until she is served, she can move about freely. It is in your best interest to contact an attorney who can assist you with the specifics of your case.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

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