QUESTION

Can a noncustodial parent refuse to let someone, who the custodial parent deems fit, babysit their children?

Asked on Feb 17th, 2013 on Family Law - Georgia
More details to this question:
A friend of mine wants to let me watch her 2 sons just for the time of while she goes to work. Since it is a Sunday, there aren't any day cares open. Yes, the father signed the birth certificates of the two children, but he has never been listed as the custodial parent, the mother and father are not married, nor is he on child support for either of the two boys. Can he object to letting me watch the children even if the mother deems me as more fit than him? It is NOT concerning anything as far as any kind of legal guardianship, it is just babysitting. Is it legally considered kidnapping if the CUSTODIAL mother does not first tell him where the kids will be? This is in the state of Georgia.
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3 ANSWERS

Family Law Attorney serving Savannah, GA
Partner at Barr and Haug Law
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Only the mother can designate a babysitter.  If the father wants rights, he must file a Superior Court action for legitimation.
Answered on Feb 20th, 2013 at 11:28 AM

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Wrongful Death Attorney serving Canton, GA at Tommy Lee Maddox, PC
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The short answer is "no".  He has no standing to object to anything involving the children unless he legitimates the children through Superior Court.
Answered on Feb 18th, 2013 at 3:48 PM

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It sounds by your description that the parties (Father and Mother) were never married, and further that there is no court order awarding either party custody of the minor children.  If that is the case, then under Georgia law, the Mother is vested with custody of the children and she alone decides all issues pertaining to the children, including who will baby sit the children.  
Answered on Feb 18th, 2013 at 3:26 PM

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