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?
Child Custody Lawyer
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.
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Divorce / Separation Lawyer
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.
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Divorce / Separation Lawyer
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).
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