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.