Legal Question in Family Law in Georgia
Child's mother leaving state with child
A close friend's mother is leaving the state with the child. They were unmarried, but the father's name is on the birth certificate and he is paying child support. He currently has the child every weekend and one day during the week. The mother has left the child with the father's family while moving and has not stated when she'll return. isn't this abandonment? Does she have the right to leave the state without his consent?
1 Answer from Attorneys
Re: Child's mother leaving state with child
The father of a child born out of wedlock has no legal right to the child in the state of Georgia. It doesn't matter whether or not his name is on the birth cerificate or if he pays child support. He must file an action for legitimation to establish these rights. The mother does not need his consent to leave the state. He needs to immediately legitimate the child to establish his legal rights and then file an action for custody if this is what he desires to do. Feel free to contact my office for further consultation on the matter.
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