Legal Question in Family Law in Georgia

Complex Child Custody Question

Hi,my question is a bit complex. I was never married to my 14 y/o sons father,there was never an established paternity other than him (the bio dad) going to osce and offering to pay child support (175.00 p/m which hes currrently 2,700.00 behind),and his names not on my sons b/c. It was a bad break up while I was preg needless to say. He now wants my son to live with him,which my son does not want to. Hes had papers drawn up for me to sign over what seems to be total custody,as he is refusing to take my sons no for an answer. IF I refuse to sign these papers,will he have any course of legal action against me as far as suing me for custody ? Or is it solely my sons choice given his age,as well as his arrearage in child support and lack of legitimation ??


Asked on 5/22/07, 5:51 pm

2 Answers from Attorneys
Stephen Worrall The Manely Firm, P.C.

Re: Complex Child Custody Question

For him to have any rights to custody at all, he must legitimate your son. After 14 years it may be a good defense that he has lost his "opportunity interest" and may not be able to legotimate. Even if he had legitimated earlier, your son's choice under current law is binding on the court unless you were found to be unfit. The laws surrounding a 14 year old's choice may be changing in January 2008, but under the facts you described, it does not appear likely the father could succeed.

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Answered on 5/23/07, 8:13 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Complex Child Custody Question

If the facts are as you posted them and you haven't omitted anything relevant, it would be very hard for him to get changed custody, unless your fitness as a parent was poor.

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Answered on 5/22/07, 6:47 pm


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