I have a child with a man without being married. His name is on the birth certificate. We are separated and have no formal custody agreement. We just do 50%/50% timeshare with our son but without any legal agreement. What are my custodial rights as a mother if I want to move with my child to another state? What legal rights does the father have? Can he stop me from moving?
1 Answer from Attorneys
Legally, since he has not legitimated the child in court and has never been given custody or visitation rights, he has ZERO rights to see the child. However, since you've allowed significant visitation, he is VERY likely to receive liberal visitation in court if he asks, and MIGHT win custody. Judges hate seeing a parent move a child away from the other parent, so even though he has no rights, it would be VERY dangerous for you to move. He could sue to stop a move before it happens, and for 6 months after a move, Georgia would have jurisdiction, and a judge could force return of the child and even strip you of custody, or make you pay transportation costs, etc. The answer is legally you can but it could be the worst mistake you could ever make.