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

Q: I am an unmarried mother of a special needs child. There is no legitimization order from father. Can I move out of state

He was diagnosed bipolar and he's a compulsive liar. He refuses to go to counseling and take his prescribed medicine. I don't want to co parent because he is unstable and I want a better life for my child. My child is not happy around him and interferes with her progress.

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1 Lawyer Answer
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Divorce Lawyer
  • Schenectady, NY
  • Licensed in Georgia

A: We here on Justia cannot guide and advise parents to abscond with their children to the detriment of the other parent. Moreover, no court could care less whether a parent is mentally debilitated because the court can order treatment as a component of reunification.

As for the answer to this question, we Americans enjoy a freedom to travel and to relocate. The asker can move anywhere she wants at any time she wants. Her objective is to remain away from Georgia for more than six months. That is the "home state" rule in the Uniform Child Custody Jurisdiction Act (UCCJEA), a federal statute. If the father petitions in Georgia for a return of the child after the six months (by way of a paternity petition), then his petition will be dismissed, and he will have to petition in the mother's new state.

However, if the father beats the six month limit, mother will suffer unpredictable and incredible punishments. She will be branded a bad parent because she took active steps to deprive the father of access to his child. The nut job father will retain psychologists who will opine that the mother is the one mentally debilitated and in need of therapy and parenting treatment. A secondary risk to mother is that the court may not be competent in the law of relocation, and may act as if the relocation was in violation of an order (that as of yet did no exist) and that the relocation was the only thing that mattered in an initial award of custody which it does not.

Human relationships are especially dangerous in these United States today. One-size-fits-all law is on the books, federally preempted and state enforced. The outcomes are as unnatural and unpredictable as a government can make them. The asker takes serious matters into her hands if she moves out of Georgia. Her self-serving characterizations of the man with whom she procreated will serve to damage her to no end.

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