My question involves a child custody case from the State of: GA
I have a 10-year old daughter and I have sole legal and physical custody of her. When she was 2 1/2, her father legitimated her. We were never married, and originally he was not listed on her birth certificate.
At the time of legitimation, we did not outline a custody and/or visitation arrangement. We have no court order identifying custody, but it is my understanding that in GA, with no such order on file, I am in fact the sole legal and physical custodian. My daughter sees her father a couple of times a month for a few hours at a time. He does not pay child support.
He and I both currently live in GA, however, I have been planning a move to Utah for a few months now. I have been in a long distance relationship wthi a man who lives out there for about a year. I've recently chosen the date for our move. It is in 2 weeks.
As a courtesy, I informed my daughter's father of our move, the city, and the date. I did not feel I was obligated to do this. I did it, as I said, as a courtesy.
Today I was informed by a mutual friend that he is now going to pursue sole custody of our daughter. Apparently my moving has inspired him to want a more active role in his daughter's life.
My questions are:
1. Do I have the right to leave the state with my child whenever I want and make a new state my residence?
2. Am I obligated to inform him of this? I already did, but if I were to change the date (and leave in the next few days for example), am I obligated to tell him this?
3. If he sues me for custody and I am served with papers in the next two weeks, prior to my departure, am I then bound to stay in GA until this is sorted out?
Thank you for your help.