Georgia Mom with Sole Custody Moving to Another State

[Sunshine6060]

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.

Sunshine Girl

[Xena]

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.

Sunshine Girl

1. For now, since there is no court orders, you do have the right to move your daughter out of state. HOWEVER, at the same time, your daughter's father has the right to file in court and request that the court order you to keep your daughter in the state, or return your daughter to the state if you have already moved. (The court cannot order YOU to live anywhere, but the court can order that your child remains in the state).

2. Again, because there aren't any court orders, you are not legally obligated to inform him, however, you can be ordered to bring your child back to GA)

3. yes, and no. If you are served, YOU will not be bound to stay in GA, However, your child will have to stay. Which of course, will result in your having to make a decision- give custody to father and you move, or you retain custody and stay in GA until the litigation is finished.