Legal Question in Family Law in Georgia

Child Custody

my son is a single parent with a son 9 years old. my son and the boy's mother were never married and she deserted her son when he was around 2. she recently was released from jail on drug charges but has been arrested again for the same type charges. since my son has never actually gotten legal custody of his son even though his son does have the same last name on his birth certificate, could a custody question ever arise? the mother also has an older son who was adopted at an early age by her father and a younger daughter whom she was raising who is now in foster care. do we need to take any action?


Asked on 5/19/09, 10:16 am

3 Answers from Attorneys

Harold Holcombe Harold D. Holcombe, P.C.

Re: Child Custody

The child should be legitimated and the father should file for custody. A father has no access rights to a child born out of wedlock because there was no legal relationship with the mother. Contact an attorney; the cost should be relatively small compared to many legal matters. If you do it yourself, contact an attorney and pay a consultation fee to know what you're up against.

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Answered on 5/19/09, 10:38 am
Harold Holcombe Harold D. Holcombe, P.C.

Re: Child Custody

The child should be legitimated and the father should file for custody. A father has no access rights to a child born out of wedlock because there was no legal relationship with the mother. Contact an attorney; the cost should be relatively small compared to many legal matters. If you do it yourself, contact an attorney and pay a consultation fee to know what you're up against.

Read more
Answered on 5/19/09, 11:15 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Child Custody

Under Georgia law, she is the legal custodian if your son has never gone to court. Given the facts as you posted them, your son needs to see a lawyer as soon as possible to discuss seeking custody.

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Answered on 5/19/09, 11:20 am


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