Legal Question in Family Law in Georgia

My sons father and I are not married. We all originally lived in pa(son was born there) we both signed assumption of paternity papers at hospital. My sons father verbally aloud me to move to Georgia with our son. Can I get I'm trouble for moving my son out of state and how long do I have to wait to file for full custody after we began to live here?

Asked on 9/26/13, 8:22 am

1 Answer from Attorneys

Tahira Piraino Tahira P. Piraino

Interesting question. The problem is I have no idea what an "assumption of paternity papers" means in PA. In Georgia, the father has no right to custody or visitation until he has legitimated the child. You as the mother can allow visitation, but there is no legal right. Under Georgia law, if the father has not legitimated, you already have custody and do not have to file for custody. I suggest you first check with a PA attorney to see if the "assumption" is a legal document which legitimated your son, or if it was just something the father signed to have his name placed on the birth certificate. There is a critical difference.

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Answered on 9/26/13, 3:04 pm

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