Legal Question in Family Law in Georgia
I have a friend who wants to leave his girlfriend but is certain he can't file for custody for the child they have together based on his criminal record of grand larceny. He spent time in jail for it and has turned his life around by working towards getting his electrician certification. Can he legally get custody of his child?
2 Answers from Attorneys
Since we have none of the specific facts (other than one serious negative) such as the age of the child, the mother's fitness, and other details, your question is unanswerable here. If your friend wants custody (or visitation) he should retain a lawyer and discuss those details. Even if he is unlikely to get custody he can seek visitation and other things.
Each attorney on this board uses his or her judgment regarding the sufficiency of information provided by the question. Despite what the prior attorney said, I have sufficient information to give you basic facts to provide to your friend. Although he has a criminal record, the courts look to the best interest of the child. There are several factors a court exams to determine who will have custody. Your friend may be able to win shared custody where the parents share custody.
If your friend can afford an attorney, an attorney is always the best way to go. If he satisfied the minimum income requirements, he may be able to obtain a pro bono attorney.