Hello, I'm in search for answers.. My childs Father is a dead beat that doesn't do anything for her. We're always arguing over her and this last argument was the last! He got in my face, threaten to slap me while my child was in my arms, constantly called me out of my name and put both me and my child out during a visit to his home! After all of the mental abuse I promised him that he will never see either of us again, and it's a promise I intend to keep! But now he is wanting to put himself on child support to gain rights with no job or ever being able to keep a job. My questions are can he do this? What will happen to me? What will happen to my child? How can I prevent it? We've never been married. He doesn't have knowledge of her social or access to her birth certificate. Should I fear
CAN HE DO THIS?
Absolutely, he can initiate a child support action. He absolutely cannot "gain rights" by doing so.
WHAT WILL HAPPEN TO ME?
You will have the right/ability to obtain child support from him. If he doesn't pay what he's supposed to under the child support order, you will be able to hold him in contempt.
WHAT WILL HAPPEN TO THE CHILD?
HOW CAN I PREVENT IT?
First of all, you cannot prevent him from causing a child support order to be issued. You do not have the right to deny your child from receiving financial support from the child's other parent. But more importantly, why would you want to? If you're complaining that he's a dead beat, you should be pleased that he is enforcing his legal obligation to help provide for the child's needs.
Based on the information you provided, you currently have sole legal and physical custody of your child. You are also the only person legally recognized as the child's parent. The only thing the father has is a legal duty to support the child financially. Obtaining a child support order will not change that. The father can only obtain rights to the child by first legitimating him/her. If he attempts to legitimate the child, you likely won't be able to prevent that either (unless he actually is not the child's biological father). If, after or during the legitimation process, he requests legal or physical custody, you can "protect" against him obtaining either or both by convincing the court that what you want is in the child's best interest.
Good luck protecting and enforcing your child's best interests.
~ 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.
"Putting himself on child support" will only accomplish one thing - he will be paying child support! So, let him do it. It will gain him absolutely nothing regarding custody, visitation, or parental rights. In order to do that, he will have to file a petition for legitimation as a separate action in the county of your residence. You can contest that action if you do not feel it is in the child's best interest. If granted, the Judge can also hear his claims for custody and visitation and parental rights. Until that happens, he has no such rights. If you are served with such a petition, you need to obtain the services of an experienced family law attorney to protect your rights, and to assure that those decisions are made with all evidence and testimony presented on your behalf.
I am exclusively a family law attorney, practicing primarily in the metro Atlanta, Georgia trial courts. However, I handle appeals from anywhere in Georgia.
You're fighting the worng battle (and the only one that can hurt your case). Putting himself on child support gives him no access to the child; it onlycauses him to have to pay support or face possible severe consequences. That's a good thing and you cannot prevent it.
Unless he ALSO seeks legitimization, he cannot get visitation or custody. Even if he does, he does not automatically win that. You gain nothing by defending a non-existant case.
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