You can certainly file for a Modification of Custody, and seek sole custody of your minor child, but that is not your best option. A better course of action for you would be to file a termination of parental rights, so that the father has no legal rights whatsoever to the child. This action needs to be filed in the Juvenile Court of the county of your child's current residence. Now keep in mind, if the termination is granted the father would have no further obligation to provide any future child support. It sounds like he isn't paying child support anyway, so this may not be a concern. You need to consult with a local Atlanta attorney that does a lot of family law work. Some attorneys even offer free 30 minute consultations, where you can ask some questions and get some additional information. You can click on my profile to get my contact information and learn more about me. If you would like to set up a consultation please give me a call.
Sign up to receive a 3-part series of useful information and advice about child custody law.