Should I file for Custody, Visitation, and CS

I have an 8-month-old and was never married to the father. He consistently pays his share of daycare ($180 per week), but he’s not contributing to other expenses. He currently sees our son once a week for a few hours at my place, but his availability is declining, leaving me with no time for myself.

I’m considering moving to Texas for family support. If I file for custody and child support in Georgia, he may gain legal rights and affect my relocation. Alternatively, I could give him a 30-day notice of relocation. However, enforcing visitation might be difficult, and he often avoids paying child support.

Should I:

  1. Send a 30-day notice and see if he responds?
  2. File a relocation request without custody and visitation in place?
  3. Only allow visitation if he picks up our son and takes him to his place?
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Hi Vlad!

It sounds like you’re in a tough spot. Here are a few things to consider:

  1. 30-Day Notice: Giving a 30-day notice of relocation could be a good first step. It shows that you’re trying to be fair and gives him a chance to respond. However, since he’s been inconsistent with both visitation and support, there’s no guarantee he’ll take action or engage positively.

  2. Relocation Request: Filing for relocation without a custody arrangement might be risky, especially if the court could potentially affect your move. It might be beneficial to consult a family law attorney to understand how this could impact your situation and to ensure your rights and your child’s best interests are protected.

  3. Visitation Conditions: If you want to allow visitation but ensure that it’s more manageable for you, you could set terms that he picks up your son and takes him to his place. This could help balance your time better, but it might also lead to more conflict if he’s already been inconsistent.

Given your circumstances, consulting with a family law attorney in Georgia would be a wise move.

They can provide tailored advice on how to navigate the legalities of relocation, custody, and child support.

Good luck with everything, and I hope you find a solution that works well for both you and your son.

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If the father pays for daycare but not other expenses and his visitation is declining, you might want to consider filing for custody and child support. This can clarify legal rights and support, especially if you move. Alternatively, giving a 30-day notice of relocation might be simpler but could affect visitation.