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Barrister, Lawyer
Category: Family Law
Satisfied Customers: 37365
Experience:  Attorney with 16 years experience
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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: 2 years ago.
Category: Family Law
Expert:  Barrister replied 2 years 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.