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Does a fit father automatically have the right to 50 50 joint physical and legal custody?

Atlanta, GA |

Father is fit and lives in same county less than 20 miles from mother. Child is 2 1/2 month old and has seen father almost everyday since birth for at least 2 hours a day. Does the father have the right to 50 50 custody after the child is legitimated?

Attorney Answers 3

Posted

No. You should have legitimated the child and asked for custody/visitation in the same proceedings. In any event, now, you have to file for custody/visitation. The good thing about just legitimating the child is that the court looks at the best interest of the child. The court looks at several enumerated factors to determine who should have custody or whether custody should be shared.

Regardiess, you should move forward and file for custody as soon as possible.

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1 found this helpful

19 comments

Asker

Posted

My husband tried to get joint physical custody bcuz hissing child's mother drinks a lot and got a dwi. Her home is filthy and she refuses to work and just lives off myths child support. She takes him to babysitters every weekend. We have a home and he has a very good job and he knew a judge would never take full custody from the mother no matter what so we just wanted joint physical custody to at least have him half of the time. He pays her a lot in child support but we have to buy his clothes etc bcuz she never does. Everyone says we shouldn't but we don't want him going to school in old worn out clothes. He loves being with us bcuz he has his in room and we keep a clean home. It's just not fair that just bcuz she is the mother she has more rights than the father. He hae irks hard and has a very impressive job and supports them very well. Why does she get to live off his child suppoet for his son and not have to work? It's just not fair and even tho her home is filthy and she has dwi on her record and does not work and help support her child we are told that doesn't matter bcuz she is the mother and a mother has to do something really awful to have ro share joint physical custody with the father! Who made these laws they are so pathetic and men need to have the same rights as the mother when it comes to child support and custody! Ridiculous!

Asker

Posted

My husband tried to get joint physical custody bcuz hissing child's mother drinks a lot and got a dwi. Her home is filthy and she refuses to work and just lives off myths child support. She takes him to babysitters every weekend. We have a home and he has a very good job and he knew a judge would never take full custody from the mother no matter what so we just wanted joint physical custody to at least have him half of the time. He pays her a lot in child support but we have to buy his clothes etc bcuz she never does. Everyone says we shouldn't but we don't want him going to school in old worn out clothes. He loves being with us bcuz he has his in room and we keep a clean home. It's just not fair that just bcuz she is the mother she has more rights than the father. He hae irks hard and has a very impressive job and supports them very well. Why does she get to live off his child suppoet for his son and not have to work? It's just not fair and even tho her home is filthy and she has dwi on her record and does not work and help support her child we are told that doesn't matter bcuz she is the mother and a mother has to do something really awful to have ro share joint physical custody with the father! Who made these laws they are so pathetic and men need to have the same rights as the mother when it comes to child support and custody! Ridiculous!

Asker

Posted

My husband tried to get joint physical custody bcuz hissing child's mother drinks a lot and got a dwi. Her home is filthy and she refuses to work and just lives off myths child support. She takes him to babysitters every weekend. We have a home and he has a very good job and he knew a judge would never take full custody from the mother no matter what so we just wanted joint physical custody to at least have him half of the time. He pays her a lot in child support but we have to buy his clothes etc bcuz she never does. Everyone says we shouldn't but we don't want him going to school in old worn out clothes. He loves being with us bcuz he has his in room and we keep a clean home. It's just not fair that just bcuz she is the mother she has more rights than the father. He hae irks hard and has a very impressive job and supports them very well. Why does she get to live off his child suppoet for his son and not have to work? It's just not fair and even tho her home is filthy and she has dwi on her record and does not work and help support her child we are told that doesn't matter bcuz she is the mother and a mother has to do something really awful to have ro share joint physical custody with the father! Who made these laws they are so pathetic and men need to have the same rights as the mother when it comes to child support and custody! Ridiculous!

Asker

Posted

My husband tried to get joint physical custody bcuz hissing child's mother drinks a lot and got a dwi. Her home is filthy and she refuses to work and just lives off myths child support. She takes him to babysitters every weekend. We have a home and he has a very good job and he knew a judge would never take full custody from the mother no matter what so we just wanted joint physical custody to at least have him half of the time. He pays her a lot in child support but we have to buy his clothes etc bcuz she never does. Everyone says we shouldn't but we don't want him going to school in old worn out clothes. He loves being with us bcuz he has his in room and we keep a clean home. It's just not fair that just bcuz she is the mother she has more rights than the father. He hae irks hard and has a very impressive job and supports them very well. Why does she get to live off his child suppoet for his son and not have to work? It's just not fair and even tho her home is filthy and she has dwi on her record and does not work and help support her child we are told that doesn't matter bcuz she is the mother and a mother has to do something really awful to have ro share joint physical custody with the father! Who made these laws they are so pathetic and men need to have the same rights as the mother when it comes to child support and custody! Ridiculous!

Asker

Posted

My husband tried to get joint physical custody bcuz hissing child's mother drinks a lot and got a dwi. Her home is filthy and she refuses to work and just lives off myths child support. She takes him to babysitters every weekend. We have a home and he has a very good job and he knew a judge would never take full custody from the mother no matter what so we just wanted joint physical custody to at least have him half of the time. He pays her a lot in child support but we have to buy his clothes etc bcuz she never does. Everyone says we shouldn't but we don't want him going to school in old worn out clothes. He loves being with us bcuz he has his in room and we keep a clean home. It's just not fair that just bcuz she is the mother she has more rights than the father. He hae irks hard and has a very impressive job and supports them very well. Why does she get to live off his child suppoet for his son and not have to work? It's just not fair and even tho her home is filthy and she has dwi on her record and does not work and help support her child we are told that doesn't matter bcuz she is the mother and a mother has to do something really awful to have ro share joint physical custody with the father! Who made these laws they are so pathetic and men need to have the same rights as the mother when it comes to child support and custody! Ridiculous!

Asker

Posted

My husband tried to get joint physical custody bcuz hissing child's mother drinks a lot and got a dwi. Her home is filthy and she refuses to work and just lives off myths child support. She takes him to babysitters every weekend. We have a home and he has a very good job and he knew a judge would never take full custody from the mother no matter what so we just wanted joint physical custody to at least have him half of the time. He pays her a lot in child support but we have to buy his clothes etc bcuz she never does. Everyone says we shouldn't but we don't want him going to school in old worn out clothes. He loves being with us bcuz he has his in room and we keep a clean home. It's just not fair that just bcuz she is the mother she has more rights than the father. He hae irks hard and has a very impressive job and supports them very well. Why does she get to live off his child suppoet for his son and not have to work? It's just not fair and even tho her home is filthy and she has dwi on her record and does not work and help support her child we are told that doesn't matter bcuz she is the mother and a mother has to do something really awful to have ro share joint physical custody with the father! Who made these laws they are so pathetic and men need to have the same rights as the mother when it comes to child support and custody! Ridiculous!

Asker

Posted

My husband tried to get joint physical custody bcuz hissing child's mother drinks a lot and got a dwi. Her home is filthy and she refuses to work and just lives off myths child support. She takes him to babysitters every weekend. We have a home and he has a very good job and he knew a judge would never take full custody from the mother no matter what so we just wanted joint physical custody to at least have him half of the time. He pays her a lot in child support but we have to buy his clothes etc bcuz she never does. Everyone says we shouldn't but we don't want him going to school in old worn out clothes. He loves being with us bcuz he has his in room and we keep a clean home. It's just not fair that just bcuz she is the mother she has more rights than the father. He hae irks hard and has a very impressive job and supports them very well. Why does she get to live off his child suppoet for his son and not have to work? It's just not fair and even tho her home is filthy and she has dwi on her record and does not work and help support her child we are told that doesn't matter bcuz she is the mother and a mother has to do something really awful to have ro share joint physical custody with the father! Who made these laws they are so pathetic and men need to have the same rights as the mother when it comes to child support and custody! Ridiculous!

Asker

Posted

My husband tried to get joint physical custody bcuz hissing child's mother drinks a lot and got a dwi. Her home is filthy and she refuses to work and just lives off myths child support. She takes him to babysitters every weekend. We have a home and he has a very good job and he knew a judge would never take full custody from the mother no matter what so we just wanted joint physical custody to at least have him half of the time. He pays her a lot in child support but we have to buy his clothes etc bcuz she never does. Everyone says we shouldn't but we don't want him going to school in old worn out clothes. He loves being with us bcuz he has his in room and we keep a clean home. It's just not fair that just bcuz she is the mother she has more rights than the father. He hae irks hard and has a very impressive job and supports them very well. Why does she get to live off his child suppoet for his son and not have to work? It's just not fair and even tho her home is filthy and she has dwi on her record and does not work and help support her child we are told that doesn't matter bcuz she is the mother and a mother has to do something really awful to have ro share joint physical custody with the father! Who made these laws they are so pathetic and men need to have the same rights as the mother when it comes to child support and custody! Ridiculous!

Asker

Posted

My husband tried to get joint physical custody bcuz hissing child's mother drinks a lot and got a dwi. Her home is filthy and she refuses to work and just lives off myths child support. She takes him to babysitters every weekend. We have a home and he has a very good job and he knew a judge would never take full custody from the mother no matter what so we just wanted joint physical custody to at least have him half of the time. He pays her a lot in child support but we have to buy his clothes etc bcuz she never does. Everyone says we shouldn't but we don't want him going to school in old worn out clothes. He loves being with us bcuz he has his in room and we keep a clean home. It's just not fair that just bcuz she is the mother she has more rights than the father. He hae irks hard and has a very impressive job and supports them very well. Why does she get to live off his child suppoet for his son and not have to work? It's just not fair and even tho her home is filthy and she has dwi on her record and does not work and help support her child we are told that doesn't matter bcuz she is the mother and a mother has to do something really awful to have ro share joint physical custody with the father! Who made these laws they are so pathetic and men need to have the same rights as the mother when it comes to child support and custody! Ridiculous!

Asker

Posted

My husband tried to get joint physical custody bcuz hissing child's mother drinks a lot and got a dwi. Her home is filthy and she refuses to work and just lives off myths child support. She takes him to babysitters every weekend. We have a home and he has a very good job and he knew a judge would never take full custody from the mother no matter what so we just wanted joint physical custody to at least have him half of the time. He pays her a lot in child support but we have to buy his clothes etc bcuz she never does. Everyone says we shouldn't but we don't want him going to school in old worn out clothes. He loves being with us bcuz he has his in room and we keep a clean home. It's just not fair that just bcuz she is the mother she has more rights than the father. He hae irks hard and has a very impressive job and supports them very well. Why does she get to live off his child suppoet for his son and not have to work? It's just not fair and even tho her home is filthy and she has dwi on her record and does not work and help support her child we are told that doesn't matter bcuz she is the mother and a mother has to do something really awful to have ro share joint physical custody with the father! Who made these laws they are so pathetic and men need to have the same rights as the mother when it comes to child support and custody! Ridiculous!

Asker

Posted

My husband tried to get joint physical custody bcuz hissing child's mother drinks a lot and got a dwi. Her home is filthy and she refuses to work and just lives off myths child support. She takes him to babysitters every weekend. We have a home and he has a very good job and he knew a judge would never take full custody from the mother no matter what so we just wanted joint physical custody to at least have him half of the time. He pays her a lot in child support but we have to buy his clothes etc bcuz she never does. Everyone says we shouldn't but we don't want him going to school in old worn out clothes. He loves being with us bcuz he has his in room and we keep a clean home. It's just not fair that just bcuz she is the mother she has more rights than the father. He hae irks hard and has a very impressive job and supports them very well. Why does she get to live off his child suppoet for his son and not have to work? It's just not fair and even tho her home is filthy and she has dwi on her record and does not work and help support her child we are told that doesn't matter bcuz she is the mother and a mother has to do something really awful to have ro share joint physical custody with the father! Who made these laws they are so pathetic and men need to have the same rights as the mother when it comes to child support and custody! Ridiculous!

Asker

Posted

My husband tried to get joint physical custody bcuz hissing child's mother drinks a lot and got a dwi. Her home is filthy and she refuses to work and just lives off myths child support. She takes him to babysitters every weekend. We have a home and he has a very good job and he knew a judge would never take full custody from the mother no matter what so we just wanted joint physical custody to at least have him half of the time. He pays her a lot in child support but we have to buy his clothes etc bcuz she never does. Everyone says we shouldn't but we don't want him going to school in old worn out clothes. He loves being with us bcuz he has his in room and we keep a clean home. It's just not fair that just bcuz she is the mother she has more rights than the father. He hae irks hard and has a very impressive job and supports them very well. Why does she get to live off his child suppoet for his son and not have to work? It's just not fair and even tho her home is filthy and she has dwi on her record and does not work and help support her child we are told that doesn't matter bcuz she is the mother and a mother has to do something really awful to have ro share joint physical custody with the father! Who made these laws they are so pathetic and men need to have the same rights as the mother when it comes to child support and custody! Ridiculous!

Asker

Posted

My husband tried to get joint physical custody bcuz hissing child's mother drinks a lot and got a dwi. Her home is filthy and she refuses to work and just lives off myths child support. She takes him to babysitters every weekend. We have a home and he has a very good job and he knew a judge would never take full custody from the mother no matter what so we just wanted joint physical custody to at least have him half of the time. He pays her a lot in child support but we have to buy his clothes etc bcuz she never does. Everyone says we shouldn't but we don't want him going to school in old worn out clothes. He loves being with us bcuz he has his in room and we keep a clean home. It's just not fair that just bcuz she is the mother she has more rights than the father. He hae irks hard and has a very impressive job and supports them very well. Why does she get to live off his child suppoet for his son and not have to work? It's just not fair and even tho her home is filthy and she has dwi on her record and does not work and help support her child we are told that doesn't matter bcuz she is the mother and a mother has to do something really awful to have ro share joint physical custody with the father! Who made these laws they are so pathetic and men need to have the same rights as the mother when it comes to child support and custody! Ridiculous!

Asker

Posted

My husband tried to get joint physical custody bcuz hissing child's mother drinks a lot and got a dwi. Her home is filthy and she refuses to work and just lives off myths child support. She takes him to babysitters every weekend. We have a home and he has a very good job and he knew a judge would never take full custody from the mother no matter what so we just wanted joint physical custody to at least have him half of the time. He pays her a lot in child support but we have to buy his clothes etc bcuz she never does. Everyone says we shouldn't but we don't want him going to school in old worn out clothes. He loves being with us bcuz he has his in room and we keep a clean home. It's just not fair that just bcuz she is the mother she has more rights than the father. He hae irks hard and has a very impressive job and supports them very well. Why does she get to live off his child suppoet for his son and not have to work? It's just not fair and even tho her home is filthy and she has dwi on her record and does not work and help support her child we are told that doesn't matter bcuz she is the mother and a mother has to do something really awful to have ro share joint physical custody with the father! Who made these laws they are so pathetic and men need to have the same rights as the mother when it comes to child support and custody! Ridiculous!

Asker

Posted

My husband tried to get joint physical custody bcuz hissing child's mother drinks a lot and got a dwi. Her home is filthy and she refuses to work and just lives off myths child support. She takes him to babysitters every weekend. We have a home and he has a very good job and he knew a judge would never take full custody from the mother no matter what so we just wanted joint physical custody to at least have him half of the time. He pays her a lot in child support but we have to buy his clothes etc bcuz she never does. Everyone says we shouldn't but we don't want him going to school in old worn out clothes. He loves being with us bcuz he has his in room and we keep a clean home. It's just not fair that just bcuz she is the mother she has more rights than the father. He hae irks hard and has a very impressive job and supports them very well. Why does she get to live off his child suppoet for his son and not have to work? It's just not fair and even tho her home is filthy and she has dwi on her record and does not work and help support her child we are told that doesn't matter bcuz she is the mother and a mother has to do something really awful to have ro share joint physical custody with the father! Who made these laws they are so pathetic and men need to have the same rights as the mother when it comes to child support and custody! Ridiculous!

Asker

Posted

My husband tried to get joint physical custody bcuz hissing child's mother drinks a lot and got a dwi. Her home is filthy and she refuses to work and just lives off myths child support. She takes him to babysitters every weekend. We have a home and he has a very good job and he knew a judge would never take full custody from the mother no matter what so we just wanted joint physical custody to at least have him half of the time. He pays her a lot in child support but we have to buy his clothes etc bcuz she never does. Everyone says we shouldn't but we don't want him going to school in old worn out clothes. He loves being with us bcuz he has his in room and we keep a clean home. It's just not fair that just bcuz she is the mother she has more rights than the father. He hae irks hard and has a very impressive job and supports them very well. Why does she get to live off his child suppoet for his son and not have to work? It's just not fair and even tho her home is filthy and she has dwi on her record and does not work and help support her child we are told that doesn't matter bcuz she is the mother and a mother has to do something really awful to have ro share joint physical custody with the father! Who made these laws they are so pathetic and men need to have the same rights as the mother when it comes to child support and custody! Ridiculous!

Asker

Posted

My husband tried to get joint physical custody bcuz hissing child's mother drinks a lot and got a dwi. Her home is filthy and she refuses to work and just lives off myths child support. She takes him to babysitters every weekend. We have a home and he has a very good job and he knew a judge would never take full custody from the mother no matter what so we just wanted joint physical custody to at least have him half of the time. He pays her a lot in child support but we have to buy his clothes etc bcuz she never does. Everyone says we shouldn't but we don't want him going to school in old worn out clothes. He loves being with us bcuz he has his in room and we keep a clean home. It's just not fair that just bcuz she is the mother she has more rights than the father. He hae irks hard and has a very impressive job and supports them very well. Why does she get to live off his child suppoet for his son and not have to work? It's just not fair and even tho her home is filthy and she has dwi on her record and does not work and help support her child we are told that doesn't matter bcuz she is the mother and a mother has to do something really awful to have ro share joint physical custody with the father! Who made these laws they are so pathetic and men need to have the same rights as the mother when it comes to child support and custody! Ridiculous!

Asker

Posted

My husband tried to get joint physical custody bcuz hissing child's mother drinks a lot and got a dwi. Her home is filthy and she refuses to work and just lives off myths child support. She takes him to babysitters every weekend. We have a home and he has a very good job and he knew a judge would never take full custody from the mother no matter what so we just wanted joint physical custody to at least have him half of the time. He pays her a lot in child support but we have to buy his clothes etc bcuz she never does. Everyone says we shouldn't b ut we don't want him going to school in old worn out clothes. He loves being with us bcuz he has his in room and we keep a clean home. It's just not fair that just bcuz she is the mother she has more rights than the father. He hae irks hard and has a very impressive job and supports them very well. Why does she get to live off his child suppoet for his son and not have to work? It's just not fair and even tho her home is filthy and she has dwi on her record and does not work and help support her child we are told that doesn't matter bcuz she is the mother and a mother has to do something really awful to have ro share joint physical custody with the father! Who made these laws they are so pathetic and men need to have the same rights as the mother when it comes to child support and custody! Ridiculous!

Asker

Posted

My husband tried to get joint physical custody bcuz hissing child's mother drinks a lot and got a dwi. Her home is filthy and she refuses to work and just lives off myths child support. She takes him to babysitters every weekend. We have a home and he has a very good job and he knew a judge would never take full custody from the mother no matter what so we just wanted joint physical custody to at least have him half of the time. He pays her a lot in child support but we have to buy his clothes etc bcuz she never does. Everyone says we shouldn't b ut we don't want him going to school in old worn out clothes. He loves being with us bcuz he has his in room and we keep a clean home. It's just not fair that just bcuz she is the mother she has more rights than the father. He hae irks hard and has a very impressive job and supports them very well. Why does she get to live off his child suppoet for his son and not have to work? It's just not fair and even tho her home is filthy and she has dwi on her record and does not work and help support her child we are told that doesn't matter bcuz she is the mother and a mother has to do something really awful to have ro share joint physical custody with the father! Who made these laws they are so pathetic and men need to have the same rights as the mother when it comes to child support and custody! Ridiculous!

Posted

A fit father who legitimizes his child and also petitions the court for custody and visitation will almost always be granted joint legal custody and the customary noncustodial visitation in the county where the divorce is filed unless the other party is able to show the Judge that they are unfit. In order for the noncustodial parent to get joint legal and physical custody, most Judges will only grant it if both parents agree to it and even then some Judges will not award it. If he and the mother get along and file a joint parenting plan with the court asking for joint physical custody then he stands a good chance of getting it but he might have to seek some guidance from the Court as to the form of joint custody that the Judge will approve. But if the mother does not want joint physical custody then his chances of getting it are low since it is hard to make joint custody work when parents get along but it is almost impossible if they do not which is why most Judges do not attempt forced court ordered joint custody.

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3 found this helpful

1 comment

Asker

Posted

That is so unfair. Why is a mother seen as more important than the father especially when he is the sole supporter and she refuses to work and lives off the child support from the father. It should be equal and the mother should have to help with financial support if she is able. I don't understand how this can be fair if he is a good loving parent. He becomes very important and responsible for his child if he misses a child support payment! Is that all he is important in the child life for... Is to support the child and his mother so she doesn't have to get a job. This is al wrong.

Posted

You have the right to joint legal custody. Primary physical custody will probably be given to the mother and you will have visitation.

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5 found this helpful

10 comments

Asker

Posted

That is just wrong! A father is just as important as a mother and he should just be important financially. This country really needs to stop letting women with children become worthless and have kids and live off the child's child support and not work. Also the ones who have kids and live off off welfare. A man would never be allowed to do that. He would be forced to work and I think this is so unfair.

Asker

Posted

That is just wrong! A father is just as important as a mother and he should just be important financially. This country really needs to stop letting women with children become worthless and have kids and live off the child's child support and not work. Also the ones who have kids and live off off welfare. A man would never be allowed to do that. He would be forced to work and I think this is so unfair.

Asker

Posted

That is just wrong! A father is just as important as a mother and he should just be important financially. This country really needs to stop letting women with children become worthless and have kids and live off the child's child support and not work. Also the ones who have kids and live off off welfare. A man would never be allowed to do that. He would be forced to work and I think this is so unfair.

Asker

Posted

That is just wrong! A father is just as important as a mother and he should just be important financially. This country really needs to stop letting women with children become worthless and have kids and live off the child's child support and not work. Also the ones who have kids and live off off welfare. A man would never be allowed to do that. He would be forced to work and I think this is so unfair.

Asker

Posted

That is just wrong! A father is just as important as a mother and he should just be important financially. This country really needs to stop letting women with children become worthless and have kids and live off the child's child support and not work. Also the ones who have kids and live off off welfare. A man would never be allowed to do that. He would be forced to work and I think this is so unfair.

Asker

Posted

That is just wrong! A father is just as important as a mother and he should just be important financially. This country really needs to stop letting women with children become worthless and have kids and live off the child's child support and not work. Also the ones who have kids and live off off welfare. A man would never be allowed to do that. He would be forced to work and I think this is so unfair.

Asker

Posted

That is just wrong! A father is just as important as a mother and he should just be important financially. This country really needs to stop letting women with children become worthless and have kids and live off the child's child support and not work. Also the ones who have kids and live off off welfare. A man would never be allowed to do that. He would be forced to work and I think this is so unfair.

Asker

Posted

That is just wrong! A father is just as important as a mother and he should just be important financially. This country really needs to stop letting women with children become worthless and have kids and live off the child's child support and not work. Also the ones who have kids and live off off welfare. A man would never be allowed to do that. He would be forced to work and I think this is so unfair.

Asker

Posted

That is just wrong! A father is just as important as a mother and he should just be important financially. This country really needs to stop letting women with children become worthless and have kids and live off the child's child support and not work. Also the ones who have kids and live off off welfare. A man would never be allowed to do that. He would be forced to work and I think this is so unfair.

Asker

Posted

That is just wrong! A father is just as important as a mother and he should just be important financially. This country really needs to stop letting women with children become worthless and have kids and live off the child's child support and not work. Also the ones who have kids and live off off welfare. A man would never be allowed to do that. He would be forced to work and I think this is so unfair.

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