My son's dad filed a temporary protective order against me.He is accusing me of phone a stalking.If he wins can he get custody

Asked almost 4 years ago - Atlanta, GA

My son's dad filed a temporary protective order against me in Clayton county.He is accusing me of phone and internet stalking.Our son is with me and does not know his dad.If he wins can he get custody of our son even though he has not supported our son.He also has a child support case pending in Clayton county and a family law case pending in fulton county. He withheld information about the family law case in fulton from the judge in clayton county when applying for the protective order. Is it possible that the judge will see that my son's dad is just trying to get out of paying child support?

Attorney answers (2)

  1. Douglas John Hassinger

    Contributor Level 11

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    Answered . Even if you HAVE been "stalking" him - that would have nothing to do with custody of your child. Custody is based SOLELY on the best interests of the child. Presuming that you did not involve the child, that there was no "violence" and he does not even support the child (emotionally or financially) I cannot foresee that the Clayton County restraining order would have much impact on a custody issue.

    You refer to him as your "son's dad", not your "ex husband". Does this mean that y'all were not married when the child was born? Has he formally legitimated the child or have you sued for paternity? If not, he may be the biological father, but is not the legal father - in which case he has NO rights to the child.

    If it has been done, what is pending in Fulton County? Has he sued for visitation or custody?

    I wish you the best of luck. if you have additional concerns, please feel free to contact me directly doug@hfamilylaw.com

    Best,
    Doug Hassinger

  2. Benjamin Stephen Persons IV

    Contributor Level 8

    Answered . When dealing with issues as important as the custody of your son and child support you really should hire a lawyer. Clayton County has excellent Superior Court Judges, however, without a lawyer to present the judge the relevant facts things could go badly.

    If you can't afford a lawyer you may qualify for legal aid. Atlanta Legal Aid provides family law legal assistance to low income clients with domestic relations problems. http://www.atlantalegalaid.org/departments.htm

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