Legal Question in Family Law in Georgia

There is no law generally prohibiting parents from moving out of state with the kids, but one thing is missing from your post -- the father's opinion on the matter. How would you like to move, then spend a lot of money on lawyers and traveling back to GA for a custody battle? You are tied to the father for 16 more years. It would be a horrible mistake to not get a lawyer and work out everything - support, custody, visitation, etc. If you believe you will agree on most everything, look for a "collaborative" family lawyer to assist both of you reach a written agreement.

You can move. And he has no say.

However, be aware that if he files a legitimization before you go, the court may prevent you leaving, and also that for six months after leaving he can bring you back into the Georgia courts over custody and visitation. At the end of the day, courts do not like one parent moving a child away from the other.

You may want to discuss this with your lawyer before moving.

He has no legal right to custody or visitation if he hasn't filed to legitimate and obtain those rights. This does not prevent him from filing at any time. If he files before you leave, the standing order will prevent you from taking the child out of state without a court order. Also, keep in mind, if you are out of state, he can still file here in Georgia and you would have to defend it here. You will just have to weigh the options and the benefit to you and your child of moving.