Legal Question in Family Law in Georgia
Can he take my baby?
I've been in an abusive relationship off and on for about five years. He has seeked help, but refuses to change or admit to any wrong doing. He has demonstrated this behavior
repeatedly with me, and also his younger sister and our pets. About nine weeks ago, I became pregnant and the abuse escalated. I was not about to let him hurt my child, so after the last accurance, I left him. He knows where I am, but has made no effort to contact me. Both of our families know what he did to me, and his excuse is that he cannot control his temper. I understand that he has rights as the father, but I'm scared to death of him being alone with the child, but I wouldn't mind him seeing the baby as long as his family or I am present during the entire visit. We are not married and never have been. What are my options?
2 Answers from Attorneys
Re: Can he take my baby?
As you and the father are not and have not been married, the father of the child does not automatically have any custody or visitation rights with respect to the child. In order to gain such rights he must file a legal proceeding for legitimation of the child. If he does so, then you can, at that time, ask the court to limit his access to child (for example you can request that any visitaion be supervised, in light of his past violence), as well as request that the court order him to pay child support.
Until he takes legal action and the courts issue an order recognizing his status as the child's father, he does not have specific right to custody or visitation with the child. You may, until the child is legitimated by the courts, refuse or limit vistation with the father in whatever manner you feel is appropriate.
If you should have further questions regarding this matter you are welcome to contact my office for further consultation.
Re: Can he take my baby?
In Ga., a father has no rights to visitation until he petitions the court for legitimation. Until he goes to court to legitimate the child, then you are under no legal obligation to let him visit with the child. If he does petition the court for legitimation and visitation, then you can object citing your concerns of violence. If the court grants visitation, the court can order that such visitation be supervised. Feel free to contact my office for further consultation.
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