Can I leave with my son and not get charged with kidnapping?

UPDATED: Aug 24, 2011

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Can I leave with my son and not get charged with kidnapping?

I have been with my partner for over 10 years. We have a son together, age 7, who was born in FL. We now live in GA and are unmarried. 4 years ago, I was forced to sign papers to legitimize the father as the legal father since we are not married. We want to separate since we are both very unhappy together. We have tried to work things out but unfortunately cannot do it any longer. He has been unemployed for over 2 years. I work 50+hours/week. I need to know my rights as a mother.

Asked on August 24, 2011 Georgia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry that your situation has deteriorated to such an extent.  I am clarifying here that you are only concerned about custody issues with regard to your son and not issues about common law or property rights, correct?  Generally speaking, you and your son;s father have the same rights under the law to custody and visitation.  So leaving with him could become an issue for you later on in a custody hearing and determination.  I would consult with an attorney in your area and bring a proceeding to establish custody and visitation for your son and his father and to ask that you be the custodial parent.  But be aware that if he is not working he may be the one to watch your son while you are working these late hours.  How much you make does not determine custody.  The best interests of the child does.  Good ;luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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