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Can my mom move to FLorida with her children without getting permission from the father if they were never married?

Summerville, GA |

When I was born my mom and dad where never married. WHen i was 9 or 10 they separated and i currently live with my mom. i will be 16 in february. we live in georgia. my moms uncle lives in florida and we want to move there because we don't have any family up here. if something happens who would we turn to? it is so peaceful in the area were we are planning on moving to. if we move i could finish my 11th and 12th grade year in florida which is what i want. does my mom need special permission to take me out of the state since they were never married or can we go ahead and move? plus what rights does my mom have in bieng separated?

Attorney Answers 3

Posted

The answer to your question depends on whether your father ever legitimated you through a court order. If not, your father has no legal rights to you. In Georgia, a man who is not married to the mother of the child is called a "putative" father and has no legal rights to custody or visitation with the child. However, a putative father still has a financial obligation to support the child. If your father did legitimate you, he could file a motion with the Court to change custody if he wanted to keep you in Georgia. However, you have attained the age where the Court will greatly consider your opinion as to which parent you wish to reside with. If you have not had regular contact with your father for the years prior to the move and your mother is a fit parent to have custody of you, I doubt that any court would grant the request to change custody, especially if you supported the move to Florida with your mother and opposed living in Georgia with your father.

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Asker

Posted

I forgot to mention they have joint custody of me. since he owns a restaurant i work with him friday nights after school and saturdays.

Posted

The father can seek to block the move - so it would be prudent for her to consult a local attorney before making the move.

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Posted

Your father has to try and establish his legal rights through a legitimization process. Until he does that, you are your mother's daughter and she can decide what to do with you and your F has little he can do. Also, at your age, if F actually tried to interfere with the move, the judge would listen to you on whether or not to permit it. However, if there is no court case filed, your M can move you without his permission EVEN IF HE WAS your "legal" father. Hope it all works out for you and your mom!

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3 comments

Asker

Posted

Since I'm about to turn 16 in February, can I decide who i wanna be with even though i live with my mom?

Asker

Posted

Plus they have joint custody of me..

A James Rockefeller

A James Rockefeller

Posted

You never said in your initial post that your F has custody rights. This being true he CAN try to block the move and your mom needs to file a court action before moving with you. Because you are over 14 you can pretty much pick which of your PARENTS you want to live with, although Judge can overrule you.

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