Tuesday’s Legal Tidbit–Filing An Emergency Motion for Legitimation in Georgia

Question:  I want to get custody rights for my 3-year-old son but I have not filed for legitimation. My son’s mother is threatening to move to Jackson, Mississippi. Can I do anything to stop this move from happening?

Answer:  Yes. In Georgia, under O.G.C.A. 19-1-1(a), the non-custodial parent can file for legitimation in the county where the child resides. In this case, an Emergency Motion for Legitimation would be the best option to exercise because time is of the essence in getting the case before a superior court judge or judicial officer.

In most jurisdictions, the emergency motion would mandate that the court issue a standing order on both parents. This will prevent the custodial parent from leaving the State of Georgia until the issues of legitimation and child custody have been resolved by a superior court judge or judicial officer.


Please call The Boddie Law Group, LLC at 404-287-2393 if you have any questions about the legitimation process, child custody or other family law matters in Georgia.

(c) 2012. The Boddie Law Group, LLC. All rights reserved. The information contained in this post is subject to our Disclaimer. Comments to this blog are moderated.

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1 comment. Leave a Reply

  1. I have run into this situation on many occasion. The problem is serving the order before the custodial parent moves. And, one of the biggest mistakes that non-custodial parent and their attorneys make is to notify the custodial parent of the case before they are served. That often causes the custodial parent to avoid service and flee. Also, waiting until there is an emergency is not the correct way to go about legitimation. The moment she says “I’m thinking about moving”, that’s when you call your attorney.

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