
Quoting
Mr. Knowitall
So what you're actually asking is whether you can swoop into Louisiana, grab the children without the father's consent or against his wishes, and take them back to Georgia without any legal consequence because there is not yet a custody order.
You have not told us how long the children have been in Louisiana. If six months or longer, dad can file a custody case in Louisiana and ask that the children be ordered returned to the state. If less than six months, dad can file a case in Louisiana and ask that state to take emergency jurisdiction, with the children to be returned until the court is adequately reassured that the problems that led to the children being placed with their father have been adequately resolved. Dad can also file a custody case in Georgia, and seek custody through the Georgia courts.
In terms of the law, Louisiana gives no privilege to you as the mother by virtue of your being unwed. It looks at the children's relationship with the parents. As paternity has been established and the children have a relationship with their father, who is presently their custodial parent, you have no advantage over him in a Louisiana court simply by virtue of being their mother and, further, under Louisiana law if parents cannot agree on custody there is a presumption that joint custody is in their best interest. If you snatch the kids and dad files a custody case in Louisiana, you can expect your actions to be used against you in court.