Legal Question in Family Law in Georgia

Hi! I am a new mom of an 8 month old in the Marietta/Atlanta area of Georgia. Although my son's father and I were never married, we were engaged. We quite recently broke up as his excuses for not being a "full time" father is that his bi-polar disorder prevents him to do so. It should be stated that he and I have lived in separate households for almost the entirety of our son's whole life. We lived together (in his parent's house) for 2 weeks until he asked us to move out, citing that he was unable to be a full time father and fiance. He has never once watched our son alone. Either I have always been with him or his parents have been there. Whether it's his parents or myself, he always does the least amount of work when it comes to our child. I guess I'm giving you all of this background information because I'm wondering if I were to take him to court, would he be entitled to any more custody than every other weekend? I do want my son to know and have a good relationship with his father, as both his father and I come from households where our parents remained together. However, I do not want to be forced to alternate holidays, as I have always had my son the majority of the time, and quite frankly even if my son were forced to spend every other holiday with his father, it would be his grandparents taking care of him anyway. I just would like to know if it's possible for his father to only be awarded every other weekend without holidays. Also, I'd like to know if I were to ask for child support, about how much I should ask for, or how much a court would award. His father only works sporadically at his current job. Thanks for all your help and if anyone knows of free legal family advice, please let me know!


Asked on 12/28/12, 2:38 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Until and unless he files to legitimize the child, he has no right to see the child at all. Should he file, what parenting time he would get would depend a great deal on his track record, and, if he later files, you should get a lawyer.

Regardless of legitimization, he is required to pay support. The amount of support is set by a formula that lokks at both of your incomes, and some expenses. You can file for support for free with the state child support office, and should do that immediately, as you never get support for the period before you file.

Read more
Answered on 12/28/12, 3:45 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Georgia