QUESTION

Can I deny my ex husband's visitation to our son?

Asked on Sep 10th, 2013 on Child Custody - Georgia
More details to this question:
My ex-husband has not seen our son in three years and has not contacted him by phone or written word in three months, he has not paid anything for our almost-four-year-old in two years. When he filed for divorce, he did not include anything about our child and I never signed anything more than the card at the post office saying I had been served. I am now (two years later) re-married and living with my new husband and our two children. My son does not remember his father and is just now learning what a father is. I believe my ex husband is planning to hitch a ride down here with his mother for our son's fourth birthday. With no legal documents in place, is it possible for me to deny his visitation? If I do, will it hurt me when we can finally afford to file for sole custody? The reason I wish to deny him visitation is a: I believe this will strongly confuse my son and b: he is not a stable man; he was removed from the marine corps for mental instability and c: he has shown no interest in our son unless a family member or new girlfriend recommended it. Can I do anything or must I allow this potential visit, and if I do deny it, will I be later punished for it if he decides to take interest and pursue custody or visitation? We live in Georgia and my ex husband lives in North Carolina.
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1 ANSWER

The facts you present are VERY troubling on several fronts. First, you indicate that you were served via a card at the post office. Serving someone by certified mail does not constitute valid service in legal proceedings. Second, you indicated that at the time of divorce, there was no mention of your child during the divorce proceedings. Third, you indicated that you have since re-married. More information would be needed to advise you further. You are STRONGLY advised to (at a minimum) consult with an attorney and allow the attorney to review your divorce documentation. There needs to be an order addressing the issue of custody, visitation, child support, etc. The court will be curious as to why there was no mention of a child during the divorce proceedings. Since you reside in Georgia, these issues may be addressed in your county of residence.
Answered on Sep 13th, 2013 at 10:46 AM

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