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Can i move my son to a different state without being worried about his father stopping me?

Augusta, GA |

His fathers name is not on the birth certificate, but he does pay child support, and i went through the child support office to get this done. My husband is in the military and we are being relocated to North Carolina from Georgia, and i do plan on letting my sons father know and to continue visitation, just a little different than how its been, is there any legal paperwork that i need to get done before we PCS?

Attorney Answers 3


  1. Best answer

    If your child was born out of wedlock and his father never legitimated him, then he has no right to visitation under the law (that's not to say that it is not in your child's best interest to foster a relationship between him and his father, as your note indicates you've been doing). You have the right to move, and he has no right to keep you from moving or to keep the child. However, if you move, he may file an action for legitimation (which would establish the child's legitimacy and allow him to inherit from his father - and his father from him - as if born in lawful wedlock). The father may also, contemporaneously with the filing of the legitimation petition, request an award of custody or parenting time. Once he files, a Standing Order will go into effect that will preclude either parent from taking the child outside the jurisdiction of the Court.

    This answer is offered for informational purposes only. It is not offered as nor does it constitute legal advice. This answer does not constitute an attorney-client relationship. Do not rely on this answer in prosecuting or defending against any criminal or civil legal action. Speak to an attorney in your area about how to protect yourself and your interests.


  2. I believe that under the UCCJEA (the Uniform Child Custody Jurisdiction and Enforcement Act, signed into law by both NC and GA), you need to seek a modification in his visitation, at least. For that, go to a lawyer in the jurisdiction where you are (GA).

    Since you ARE moving, fast, you need to line up counsel there, and try and get it transferred over there if it is disputed.

    You need to call a few attorneys (try ones recommended by the local Bar Association, though they only tend to recommend attorneys that are members of the Local Bar) in NC in the area you are moving to.

    For information on the UCCJEA, I have written a guide here on Avvo on it, and you can also check my website at www.merlinusmonroe.com.

    Good luck!

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  3. Unless you are or were married to him, or unless he legitimated the child, he has no right to see the child at all (unless he later files a case).

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you. Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.

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