Unwed Fathers Rights When Child Moved Out Of State

Question:Kevin Mammola Atlanta Divorce Attorney

My divorce question is about unwed fathers rights and child custody laws.

My girlfriend took our child to another state and said she has no intentions of ever returning.

What are my rights as an unwed biological father to force my daughter be returned home?


I am only licensed to practice law in Georgia, thus I can only provide you with some general divorce help for men regarding the child custody laws you present in your question.

In my state, a Georgia court will have first priority to have jurisdiction to make an initial child custody determination if Georgia (1) is the home state of the child on the date of commencement of the proceeding, or (2) was the home state of the child within six months before the commencement of the proceeding and the child is absent from the state but a parent or person acting as a parent continues to reside in Georgia.

It is advisable that you file a Petition for Legitimation and Custody in Georgia as soon as possible. You may have the mother served with a copy of the Petition in whatever state she currently resides in.

Again, I am unable to provide you with legal advice on divorce and this should not be construed as an attorney-client relationship. Consult with a mens divorce attorney.

To schedule an appointment with a Cordell & Cordell mens divorce lawyer, including Kevin Mammola, an attorney in the Atlanta, Georgia office of Cordell & Cordell, please contact Cordell & Cordell.

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