QUESTION
do i have the right to move my child out of state?
Asked on Mar 05th, 2013 on Family Law - Georgia
More details to this question:
i am a single mother. i was never married to her father. he has been in rehab for alcoholism for the last 6 months for the second time. i have fallen on hard times and wish to move from georgia to kansas to live with my sister.
1 ANSWER
Bankruptcy / Chapter 11 Attorney serving Buford, GA
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Marion E. Ellington, Jr., Attorney at Law, P.C.
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If you were never married to the child's father then the law vests custody of the child to the mother. If the father has filed for legitimation of the child, then he probably has a court ordered custody and visitation schedule. If you should move under thoses circumstance, then the biological father could seek to either obtain physical custody (which probably would not happen if he has a substance abuse problem) or he could seek to modify the court ordered visitation periods, seeking to make his visitation periods during summer or holidays.
Answered on Mar 11th, 2013 at 3:50 PM