Dear John,
I am breaking up with you and calling off the wedding. I am taking the baby with me and moving to New York to live with my mother. Send me half your paycheck as child support. We can figure out visitation after I’ve moved…
This is a message no one wants to hear or read. But doing nothing will potentially make your legal situation more complicated. If your spouse or partner is threatening to move away with your child, now is the time to act.
Speak with an attorney – Often in these types of situations, time is of the essence and the longer you wait to do something, the harder and costlier it may become. Hiring an attorney will help you take prompt, smart action. If you can resolve this matter while everyone is still in Georgia it will save you a lot of frustration.
Understand your rights – Your rights are situationally dependent. If you are unmarried, the mother has custody rights by default in Georgia. To gain custody rights, a father would need to proceed with something called “legitimization” and then they can seek custody or visitation rights (legitimation and custody matters can be done concurrently). If you are married, both parents have equal rights to the child, this means one parent can move away with the child unless the other parent takes active steps with a court to get an order or decree saying otherwise. Whether you are married or unmarried, if there is already an established custody or visitation agreement, this will determine the rights of each parent, until modified.
Consider your child support obligations – When a married couple with a child separates, the court will assign the child support obligations to the non-custodial parent. If the couple is unwed, additional steps may need to be taken to establish paternity and calculate support obligations. While the court will eventually determine the official support obligation, it is advisable to provide an equitable amount for your child’s wellbeing while the matter is ongoing.
Nearly every court proceeding will be easier and less costly if you take action prior to the other parent leaving the state. If the child or custodial parent becomes a resident of another state, you may have to file for custody, visitation, and/or child support in the state that they now reside. This will likely be more time consuming and may be more financially burdensome versus promptly handling the matter in Georgia.
Do not take any actions that could be potentially dangerous to you, your child, or the other parent. Your actions will be considered by the court, and may adversely impact any future decision. If there is a concern about you or your children’s safety, contact law enforcement if necessary and inform your attorney immediately so they can help you take the appropriate actions.
Even in cases where one parent is legally entitled to take a child to another state, the court may look poorly on that decision if it is made without the other parent’s knowledge and consent.
The bottom line is this is a time to stay calm but to take prompt action. Keep your child’s wellbeing a priority and try to obtain legal counsel before anyone has moved out of the area.
*This article is for informational purposes only and should not be construed as legal advice for any particular case or situation. The viewing or reading of this article does not create an attorney-client relationship