Georgia Child Custody Legal Questions

You need to file a paternity action and seek temporary custody orders so that you can move out. I suggest that you do not move until you have custody orders in place. You can retain an attorney to assist you, or seek the assistance of the family law self help center. If you have been the primary caretaker for the last few years, you should be awarded primary custody.... Read Answer

Nevada law is completely clear on whether someone with sole physical custody can move out of the state with the other parent's and/or the court's consent. Nevada Revised Statutes state that the custodial parent must obtain the noncustodial parent's consent, or the court's consent, to move out of the state. However, this does not seem to make sense in a case in which a parent has sole physical custody and the noncustodial parent has no right to visitation. Due to the lack of clarity on this issue, I spoke to a district court judge's law clerk who agreed that the law is not exactly clear. The law clerk stated that in her department, if the custodial parent moved out of the state without permission, the custodial parent probably would not get into trouble, especially if the custody was resolved through a "joint petition" rather than a "summary disposition." If the court ordered the sole physical custody, then the court would look at the totality of the circumstances to determine whether the custodial parent violated child abduction laws. Your best bet is to get the court's permission before you move, but according to the law and the facts you provided, there may not be sanctions or negative consequences for relocating without first obtaining permission.... Read Answer