Results 1 to 2 of 2

Thread: Custody for unmarried parents... Help!!!!!!

  1. #1
    Junior Member
    Join Date
    Nov 2011
    Location
    Georgia
    Posts
    3

    Exclamation Custody for unmarried parents... Help!!!!!!

    I am so happy to find this blog.
    I hope to find many answers.
    My partner has had a death in their family, and it has put me up to a lot of thinking, when it comes to my son.

    I have a five year old son. My ex and I had him when we were in high school.
    We were never married, but he is on the birth certificate.
    My son lives with my partner and I, we live alone the three of us, and we support him financially and emotionally of course.
    I finally filed for child support in April of this year because, his father completely stop trying to help, or see him at that.
    In Dec I will receive first Child Support.

    My son's father does not support himself, and does not live on his own.
    He has plenty of record now, like DUI's and probation and what not.
    His license is currently suspended and well he would just be unfit as a parent, he cares too much for partying and what not.

    My son sees his father maybe one to two days every other week, or even every three weeks at times.
    He really doesn't change or help my kid's life at all.

    My thing is that at Child Support office I was told that in Georgia, the custody is legally mine, even if he is on birth certificate because we were NEVER married.
    Unless, he summits to a DNA test or it is in verbal or legal writing in court.
    I do believe that when he had court for child support, he never denied my child being his.
    And he did sign saying that yes, he was his father.
    I have a copy of the court's paper work.

    So does that mean that now he is legally legitimized?
    How/Or does it change things?

    Is the custody still legally all mine?
    or Do I have to see a lawyer to have that on writing?

    What happens if I die?
    Does he automatically get my son?
    Or Could my family/partner?

    What if I have a will, and have it on writing where my child should go?
    Will that help?

    I am thinking I should see a lawyer anyway, but I am trying to get as many answers as I can.
    I know if I died he wouldn't fight to have him, he isn't responsible enough, and would rather party.

    But I worry, about me being gone, and then him taking my child away from my whole family just to be a jerk...

    Who can help me?

  2. #2
    Senior Member
    Join Date
    Apr 2009
    Location
    Weigh A Pie...the last county before Canada
    Posts
    853

    Default

    Quote Originally Posted by Stefania2009 View Post
    In Dec I will receive first Child Support.

    I wouldn't count on that.



    My son's father does not support himself, and does not live on his own.
    He has plenty of record now, like DUI's and probation and what not.
    His license is currently suspended and well he would just be unfit as a parent, he cares too much for partying and what not.

    I think you'll be surprised at the astonishingly low level of what constitutes parental fitness. Unless he's actively endangering, abusing or neglecting the child, it's unlikely the court will find him legally unfit.


    My son sees his father maybe one to two days every other week, or even every three weeks at times.
    He really doesn't change or help my kid's life at all.
    So he's a regular part of your son's life? That's a good thing


    My thing is that at Child Support office I was told that in Georgia, the custody is legally mine, even if he is on birth certificate because we were NEVER married.
    Unless, he summits to a DNA test or it is in verbal or legal writing in court.
    I do believe that when he had court for child support, he never denied my child being his.
    And he did sign saying that yes, he was his father.
    I have a copy of the court's paper work.

    So does that mean that now he is legally legitimized?
    How/Or does it change things?

    Is the custody still legally all mine?
    or Do I have to see a lawyer to have that on writing?
    You're currently the sole custodial parent until Dad goes to court and gets that changed.


    What happens if I die?
    Does he automatically get my son?
    Or Could my family/partner?

    Dad is automatically first in line. Since he's seeing the child regularly, it would be more or less a slamdunk for him.


    What if I have a will, and have it on writing where my child should go?
    Will that help?

    No, because you can't will your child to someone else. You may be able to assign a standby guardianship, but this is not legally binding and the court does not have to honor your wishes.

    Since the other parent IS currently involved, it's unlikely that anyone else would be able to get custody against Dad's wishes.

    I am thinking I should see a lawyer anyway, but I am trying to get as many answers as I can.
    I know if I died he wouldn't fight to have him, he isn't responsible enough, and would rather party.

    But I worry, about me being gone, and then him taking my child away from my whole family just to be a jerk...

    Who can help me?

    The problem is he has constitutionally protected rights and you cannot take those rights away. If the worst happened, he would again be first in line for custody.

    Now of course if he didn't want custody, then your family (parents on both sides to begin with) would have the option of requesting custody. Your partner has no legal rights, and would have no standing to sue for custody.

Similar Threads

  1. North Carolina custody question about unmarried parents
    By ID Mimi in forum North Carolina Family Law
    Replies: 8
    Last Post: 05-21-2008, 08:35 PM
  2. Custody for unmarried mother- New York
    By bogart69 in forum Child Custody & Support
    Replies: 2
    Last Post: 09-17-2007, 07:49 AM
  3. Custody for unmarried parents Georgia
    By RIVERRAT1 in forum Child Custody & Support
    Replies: 27
    Last Post: 10-18-2006, 02:01 PM
  4. unmarried parents live together, mom wants out, move states
    By shutterbug500 in forum Paternity Law
    Replies: 3
    Last Post: 09-19-2006, 09:03 AM
  5. unmarried mom custody
    By patsy770 in forum Child Custody & Support
    Replies: 1
    Last Post: 05-26-2005, 08:56 AM

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •