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Question

my cousin lived in georgia and had a baby with a man from that state. she decided that she wanted to move back to el paso, texas with her baby of 6 months and does not want to be with the father of the baby any longer.she had to beg him to let her come back to el paso and begged him to take her to the airport and he finally agreed. he knows where the baby is and she has told him that he can visit the baby anytime but, he wants the baby back in georgia along with my cousin....she dosent want to go back. he has threatened her with legal action and says she has no right to take the baby. he said that she needs to go through legal action if she wants to take the baby out of georgia. what advice do you have for my cousin and what legal action can she take and is it true that he can take legal action aswell?? she is scared that she will lose her baby and be forced back into living in georgia. Juan

Submitted: 16 days and 7 hours ago.
Category: Legal
Value: $28
Status: CLOSED
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Optional Information

State/Country relating to Question: Georgia

Already Tried:
georgia and texas are the related states. this is the first site ive tried.

Posted by Adam Kirk 16 days and 7 hours ago.

Answer

Unless there is a court order restricting a parent's right to take the baby wherever he/she wants - including out of state- the mother/father can do this. There is no requirement for her to go to court before taking the child out of state.

 

However, the father can file a lawsuit to establish custody and visitation of the child. In doing this, the judge can/may require the mother and child to live a certain distance from the father in order to allow him reasonable visitation.

16 days and 7 hours ago.

Reply

can the judge brequire him to live in a different location aswell?

Posted by Adam Kirk 16 days and 6 hours ago.

Answer

That is possible. The judge may inform the father that if he wants to have visitation, he must move to Texas, etc.

16 days and 5 hours ago.

Reply

ok. she lives with her mom and stepfather whom both work and told her that she can live with them and raise the baby and when the baby is old enough then she could work. could this be used to her advantage over the father since he works full time and would not be able to take care of the baby unless his disabled mother can? wouldnt it be preferred that the mother care for the baby and will the father be required to pay child support?

Posted by Adam Kirk 16 days and 5 hours ago.

Answer

The trend is for small children to live with the mother unless there are reasons that make the mother unsafe for the child - mental or health issues, drug use, etc.

16 days and 5 hours ago.

Reply

ok one last thing.....the guy in georgia is telling her that he sought legal advise and that she has to sign something saying that he is the father and that she needs to wait a year before anything can get resolved. this sounds bogus since the birth certificate has him listed as the father. i thank you for your patience with me and i shall pay asap.

Accepted Answer

There is a legitimization process in Georgia for children born in the state. Here is a link that outlines the process and requirements. It appears that legitimization only applies to children born in the state of Georgia: http://www.paternitynet.com/faq20.html. However, that is to do with the father establishing paternity. I don't think it applies to the issue here.  

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Expert: Adam Kirk
Pos. Feedback: 99.3 %
Accepts: 
Answered: 11/5/2009

Lawyer (JD)

Litigation Attorney practicing in multiple State and Federal Courts, Arbitrations and Mediations

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