I Split up with my 2 year old's father & I want to move back with my family in California.

J

JamieLG

New Member
Jurisdiction
Georgia
We are not married but have been living together for 4 years. His name is on the child's birth certificate. I have a decent job and a stable home waiting for me in CA along with family members who are there to support me. What are the chances he can force me to stay in Georgia?
 
The UNMARRIED male you allege to have sired YOUR child has no LEGAL parental rights or interests in your child, birth certificate notwithstanding.

You are free to take YOUR child anywhere, unless and until the unmarried male obtains a court order to the contrary.

The more you tarry where you are currently allows the male time to seek such an order.

If you desire to relocate, you might wish to do two things: leave silently and swiftly.
 
army judge said:
The UNMARRIED male you allege to have sired YOUR child has no LEGAL parental rights or interests in your child, birth certificate notwithstanding.

You are free to take YOUR child anywhere, unless and until the unmarried male obtains a court order to the contrary.

The more you tarry where you are currently allows the male time to seek such an order.

If you desire to relocate, you might wish to do two things: leave silently and swiftly.
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Thank you for the quick response and information. The child took the last name of the father and the father's name is on the birth certificate. Does this change anything that you said?
 
Some good information here and here.
(I am not affiliated with any private attorney's practice and any inclusion of a link to a private attorney's page is for information only).
 
JamieLG said:
Does this change anything that you said?
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Asked previously

army judge said:
The UNMARRIED male you allege to have sired YOUR child has no LEGAL parental rights or interests in your child, birth certificate notwithstanding.

You are free to take YOUR child anywhere, unless and until the unmarried male obtains a court order to the contrary.
Click to expand...

Answered previously, although I am an attorney, I am not licensed to practice law in Georgia.

That said, any unmarried male (alleged to have sired a child) has no parental rights in the child unless and until the male has gone to court and established paternity; more importantly also requested and a judge ISSUED a court order describing custody and visitation rights.

As of this moment, according to your recitation above, the male in question has only affixed his name to a birth certificate.

There is NO existing custody order, because he has failed to go to court to seek one.

Therefore, YOU and YOU alone, the mother of the child possess sole and exclusive custody over YOUR child.

If that is true, you are free to quickly and silently remove yourself and your child to any state or territory of the United States of America.

If you so desired, as of this moment, you and baby could scurry away to any of 125 odd civilized nations across six of seven continents on planet Earth.
 
army judge said:
Asked previously



Answered previously, although I am an attorney, I am not licensed to practice law in Georgia.

That said, any unmarried male (alleged to have sired a child) has no parental rights in the child unless and until the male has gone to court and established paternity; more importantly also requested and a judge ISSUED a court order describing custody and visitation rights.

As of this moment, according to your recitation above, the male in question has only affixed his name to a birth certificate.

There is NO existing custody order, because he has failed to go to court to seek one.

Therefore, YOU and YOU alone, the mother of the child possess sole and exclusive custody over YOUR child.

If that is true, you are free to quickly and silently remove yourself and your child to any state or territory of the United States of America.

If you so desired, as of this moment, you and baby could scurry away to any of 125 odd civilized nations across six of seven continents on planet Earth.
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Thank you for the clarification!
 
And as soon as you flee with his child, he can file for custody and visitation and you can potentially be compelled by the court to return the child to your ex's jurisdiction or pay for his transportation to visit his child in the location you took him away to.
 
adjusterjack said:
And as soon as you flee with his child, he can file for custody and visitation and you can potentially be compelled by the court to return the child to your ex's jurisdiction or pay for his transportation to visit his child in the location you took him away to.
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Thank you, I will take that into consideration.
 
I suggest you meet with a family law attorney before you leave town. Make sure you have a clear understanding of what the father may and may not do once you leave the state with the child.
 
In Georgia, Dad would normally have to take the extra step of legitimizing Baby before he can file for visitation/custody. However, as I am not entirely sure if signing the AOP waives that or not. So, as the others said, check with an attorney in your jurisdiction.
 
JamieLG said:
What are the chances he can force me to stay in Georgia?
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0%, but the question you really intended to ask is whether your child's father can prevent you from moving from Georgia to California with the child. We have no conceivable way of assessing that issue intelligently based on the limited facts provided (and the first response in the thread that provides an unequivocal response doesn't address the question you asked).

I suggest you consult with a local family law attorney. It would suck to move all the way to California only to have the Georgia court issue an order requiring you to return the child to Georgia. You should also contemplate how you will pay travel costs associated with the child visiting with the father.
 

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