THE CHILDREN WERE BORN IN ARIZONA. BOTH PARENTS AND CHILDREN MOVED TO GA 8 MONTHS AGO. MOTHER LEFT TO ARIZONA LEFT KIDS WITH FATHER HAS BEEN GONE FOR TWO WEEKS FATHER WANTS TO FILE TEMPORARY CUSTODY HE LYING TO ATTORNEY STATES MOTHER ABONDEND THE CHILDREN. FATHER HAS NOT LEGITIMIZED OR ESTABLISHED PATERNITY.
A father can request custody (temporary or permanent) of a child born out of wedlock. He would do so by filing an action for legitimation and requesting the custody therein. If the children are in his physical custody and control at the time that the petition is filed, he can likely be granted temporary custody while the matter is pending.
Your statement about the father "lying to attorney" makes your question a bit confusing. If there are other details relevant to your case, you should consider speaking directly with a local attorney about your rights and options.
~ Kem Eyo
The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.
The father can file an action for legitimation and custody and seek temporary and permanent custody or parenting time with the children - and child support.
When a Court rules on a legitimation petition presented by a putative biological father, he or she must first determine whether the father has abandoned his opportunity interest - meaning his opportunity to develop a relationship with the children. In this instance, it sounds as if the father has maintained a relationship with the children. If the Court concludes that the father has abandoned his opportunity interest, then such a finding is sufficient to end the court's inquiry and justifies the denial of the petition for legitimation. If the Court finds to the contrary - that the father has not abandoned his opportunity interest, then the next step is for the Court to determine whether the legitimation is in the children's best interest.
If the Court determines that the answer to the last question is in the affirmative - that it is in the children's best interest that the legitmation be granted, then the Court will next look at the issue of custody / parenting time, specifically 1) physical custody (with whom the children will live primarily and with whom they will visit - or if the parents will have shared custody) and 2) legal custody (who will make decisions concerning the children's medical care and treatment, education, religious upbringing, and extracurricular activities (or whether the parents will have joint legal custody and endeavor to arrive at mutual decisions concerning the children - in which case one parent is typically designated with the authority to make the ultimate decision in the event of a stalemate on a matter of legal custody.
On a temporary basis, the Court may be inclined to maintain the status quo, especially if the children are getting to school, arriving timely, their medical needs are being met, and if they are otherwise doing well in their father's primary care. On a permanent basis, the Court will grant an award of custody after hearing all the evidence and based on what he or she believes to be in the children's best interest. You would be wise to consult with an attorney. Best to you.
This answer is offered for informational purposes only. It is not offered as nor does it constitute legal advice. This answer does not constitute an attorney-client relationship. Do not rely on this answer in prosecuting or defending against any criminal or civil legal action. Speak to an attorney in your area about how to protect yourself and your interests.
As Augusta, GA family law attorneys, we at The Goolsby Law Firm, LLC generally recommend that you consult with an attorney ASAP about filing a legitimation action in which you seek custody of your children, among other things. Good luck.
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