Check out some similar questions!

LRockett · Apr 24, 2009, 08:57 AM

1. I have signed the birth certificate.
2. Basically raised the child since birth who is almost 3yrs old without the mother.
3. Gotten legitimized.
4. I do not however pay child support but I do take care of my child who is and always has been with me.
5. A paternity test has never been done.

So my question is the mother who attends school full time trying to be a (RN) and works part time @ night is "engaged" to a man in the army now and has been hinting around to moving out of state and even asked to change the child's last name from mine to hers (which I refused to sign any papers to sign over any of my rights) and I just would like to know can she take the child out of state? I mean as a legitimized GOOD FATHER how can this be? What are all the rights in the state of GA a legitimized father has?

-Sincerely LRockett

cdad · Apr 24, 2009, 01:58 PM

1) why would you pay child support if you are the custodial parent as your claiming ?

2) How much time is the mother with the child.

3) is there a visitation order in place already ?

LRockett · Apr 25, 2009, 04:40 AM

1.My bad I was stating facts and I agree I don't pay CS but the fact is I'm not the custodial parent in "legal" terms I just have the child MORE.

2. The mother may have her a few hours here and there every two three days I can say Sunday is the ONLY day she has the child all day.

3. Since I was legitimized the papers give me visitation every 1st & 3rd weekend but as I stated before have the child more than that.

But the fact is she is the "Mother" and Knows all this ligitimized information.. So basically I would just need to go and obtain full custody since being legitimized leaves the mother as sorry as she is open to take the child or cause more drama than what she already does..

Well does anyone know of a good lawyer in South Georgia or better yet a pro bono lawyer? I'm sure I can get custody

ScottGem · Apr 25, 2009, 04:58 AM

You use the term "legitimized", but the correct term is legal father. Since you have signed the because and since you have acted as the parent since birth, that would make you the legal father. As the legal father she cannot change the name without your permission.

What surprises me here is that the court gave you a visitation schedule without ordering child support. Even though the mother may leave the child with you more than she has the child, a visitation schedule of alternate weekends would indicate support for to be paid to the mother.

I mention this only because the situation as you relate it doesn't make a lot of sense.

But the bottomline is, as long as you have a court ordered visitation schedule, she needs to get court permission to move if it will affect your visitation.

But what you really want here is to gain primary custody in law rather than just practice. So go to court and ask for a modification of the custody order. Bring proof that the child spends the majority of time with you and you stand a good chance of getting it.

LRockett · Apr 25, 2009, 05:25 AM

Thank you... and yes the judge didn't order me to pay CS simply because she did not show up for the hearing when I signed the legit. Papers.

ScottGem · Apr 25, 2009, 05:36 AM

Originally Posted by LRockett

Thank you...and yes the judge didn't order me to pay CS simply because she did not show up for the hearing when i signed the legit. papers.

Ahh that makes more sense, but why didn't you ask for primary custody at that point?

But that's really moot. Again, as long as you have court ordered visitation she can't, legally, move if it affects the visitation. That doesn't mean that she can't up and move, but it does mean that she might be cited for parental kidnapping if she does, which means the child can be recovered.

LRockett · Apr 25, 2009, 05:45 AM

Well actually that's a great question and I will ask my husband that this is actually his wife and I'm just trying to help a good man find answers and I'm sure he didn't know he could have asked for custody since she didn't show up but I will deliver this information
-Thank you again :)

Fr_Chuck · Apr 25, 2009, 12:01 PM

Sounds like time to go back to court, have it added she can not take him out of state since it would interfere with custody.