Legal Question in Family Law in Georgia
My ex who lives in Georgia has filed for legitimation among the papers is a "mutual restraining order" and the first line says "Each party is hereby enjoined and restrained from causing or permitting the minor child of the parties to be removed from the jurisdiction of this court" My husband and i live in Alabama does this mean we can not take her back to alabama? Paternity has never been established and this is the first paperwork either party has filed for Legitimation, Custody and Child Support. My ex and i were never married.
3 Answers from Attorneys
How long have you lived in Alabama? Is he doing this without an attorney?
It is obvious, this provision in the petition simply doesn't make sense under the circumstances.
You should hire an attorney regarding this matter because this may be a jurisdiction issue.
This might be resolved with a motion to dismiss. Thereafter, depending on the facts, he can file the matter in Alabama.
You didn't state where your ex lives in Georgia. In an event, if you need additional information, please contact me (770)367-1234.
Regardless of who to retain, you must comply with the deadlines in the summons.
You need to have a lawyer in such a case. That is presumably the standard restraining order in that court. It may be amended by the judge for cause. You need to get a lawyer to determine if this is possible in your case. It is important to get counsel immediately.
If the case is in metro Atlanta, feel free to call me to discuss the case.
Without legitimation, the father has no rights to the custody or visitation with the child. Legitimation will give him these rights. It will also allow the child to inherit from his father.
It sounds like that the father has no idea what he is doing - the other lawyers are right - the restraining portion makes no sense at this juncture. I am not even sure that Georgia still has jurisdiction to do the legitimation.
Immediately get a family law attorney to see whether this action can be dismissed for lack of jurisdiction..
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