Mcdonough, GA asked in Child Custody, Child Support and Family Law for Georgia

Q: Can my boyfriend be placed on child support with an ongoing custody case without having been to court to see the judge?

My boyfriend filed for legitimization and full custody of his 2 sons last month on his own. The mother of the children did not respond to the petition, he has submitted documents for a hearing before the judge. Over the weekend, he was sent child support papers. He has been taking care of the kids as he should - emotionally and financially. We were getting the kids every time she had to work and on the weekends. Our issue has been regarding visitation and treatment of the boys. When the mother doesn't get her way, she withholds the kids and asks for money. I understand she can withhold the kids since they are not legitimized. Last month we paid her $500 just to get the kids for the weekend after she had kept them away for over 2.5 weeks. She called today asking for $450 for the kids after getting money over the weekend. She currently has a DFCS case against her and is being investigated. She called today wanting to drop child support under certain terms.

2 Lawyer Answers
Regina Irene Edwards
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Answered
  • Divorce Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: Yes, he can be placed on child support. She has the children, so she can ask for child support now if she wants. She doesn't have to wait for the legitimation case.

P. Justin Thrailkill
P. Justin Thrailkill
Answered
  • Divorce Lawyer
  • Fayetteville, GA
  • Licensed in Georgia

A: Yes, the Court can, and will, enter an order for support in the legitimation or the child support case, whichever comes before the court first. He needs to talk to local counsel about representation. In my experience, Henry County will usually dismiss the child support case if there is a pending legitimation, but only if he has counsel. Otherwise, they will keep the case open.

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