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Is it possible for my daughters father to get custody?

Warner Robins, GA |

My daughters father kicked me out of his home while I was pregnant which caused me to move back to ATL with my mother. Ive been here since then, the whole time i was pregnant my daughters father threatened me, denied her, told me I should have had an abortion, was talking about signing over his rights... I dealt with a lot and accepted being a single mother. Unfortunately I went into labor at 26 weeks and my daughter has been in the nicu for 2 months now. Her father didnt sign the birth certificate. Now he wants joint custody of her.I live in Georgia, he lives in Texas. And I dont feel like hes fit to take care of a premature baby. He hasnt been around, he doesnt know anything about her health, he doesnt know how to care for her at all. What steps do I need to take?

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Attorney answers 2


First I need to know if you are married. If you are he can file for custody in Georgia. At this point, I doubt he could get anything but visitation up here until the child is healthy and a bit older.

If you are not married, he would need to file for legitimation, otherwise he has no rights.

You, however, to have a right to child support under any of these circumstances.

I would be glad to help you and my rates are quite low. 610-999-4502



No, we are not married.

Samuel Solomon Bruner

Samuel Solomon Bruner


That is a help. He has no rights until such time as he files for legitimation in Georgia. In the meantime, there is a possibility of child support but further research would need to be done to see if you can realistically file in Georgia and get child support.


First of all you haven't said if the two of you are married or not, which makes a huge difference in the answer.

Second, you didn't say if he simply says he wants custody or has actually filed something.

Thus any answer you get here will be incomplete. If he does file anything, get a lawyer IMMEDIATELY. That will be the single most important step you can take and it matters.

If he's not married to you, he has NO rights to the child unless he gets a court to legitimize the child and also gets a court to award him parenting time. If he is married to you he has rights even now.

Bear in mind that the issues will be far more than what happens in the hospital. Decisions for the next 18 years may be made, including support, custody and visitation.

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No we are not nor ever been married. He wants joint custody of her.

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