How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 33757
Experience:  Attorney with 15 years experience
19958803
Type Your Family Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

My child's father and I are separated. My daughter is currently

Customer Question

My child's father and I are separated. My daughter is currently living with her father in the state of Georgia . There is no legal custody order. It is illegal if I were to move my daughter with me out of state without his consent??? Please help...
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
.
If you are not divorced at this point, and there is no legal custody order that is in place that prevents a move, then there is nothing that would prevent you from moving with your daughter.
.
The only caveat is that you can't be taking daughter and moving with the intention of keeping the father from seeing her. If you were to move without notifying him where you are (even after you get there) he could file "parental kidnapping" charges, which are criminal charges.
.
So if you were to move, you can avoid this by notifying him immediately after the move by a documentable source like email, text, or written letter. That way he couldn't file parental kidnapping charges and claim you have absconded with the child.
.
However, most states have a 6 month residency requirement for a divorce or child custody action. So until you met the new state's residency requirement, father could file a divorce/custody case in your old state and you would have to come back for any court proceedings. You don't have to move back, just come back for court.
.
.
thanks
Barrister

Related Family Law Questions