QUESTION
What should I do to get full custody of my 6 year old?
Asked on May 29th, 2013 on Child Custody - Georgia
More details to this question:
I have been a stay at home dad for 6 years. I have been there always for my six year old son as a stay at home dad. My ex works (we were never married). I don't. I still stay at home (as roommates) to care for my son. She has already brought home a man who she works with (a pretty shady person), with warrants in another state. I want to move out with my son but she won’t give full custody so I can get assistance with housing. It’s like I'm being held hostage because I don't work.
2 ANSWERS
Family Law Attorney serving Villa Park, CA
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The Law Office of John J. Stanton
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You need to file a paternity action and seek temporary custody orders so that you can move out. I suggest that you do not move until you have custody orders in place. You can retain an attorney to assist you, or seek the assistance of the family law self help center. If you have been the primary caretaker for the last few years, you should be awarded primary custody.
Answered on May 30th, 2013 at 10:52 AM
Personal Injury Attorney serving Atlanta, GA
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Anthony Overton Van Johnson & Associates, P.C.
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First of all, since you and your son's mother were never married, unless you filed a Petition for Legitimation in the Superior Court, you have no legal rights to your son. In fact, if his mother did not want you to speak to or see your son, she would have the legal authority to exercise those rights. Accordingly, the first thing you would have to do is legitimize your son in the Superior Court. Once legitimation has been granted, then you may pursue visitation and/or custody. The court will make a determination as to "what is in the best interest of the minor child" in reaching a decision as to custody. I strongly suggest that you do not attempt to pursue this without the assistance of an attorney.
Answered on May 30th, 2013 at 10:51 AM