Roswell, GA asked in Family Law and Child Custody for Georgia

Q: Likelihood of 50% custody with no legitimization and never helped financially. only asked for 50% after child support

i have a 4 year old son. His father never legitimized him. I have never kept him from him. I filed child support through the state and a month and a half after i got served saying he now wants 50% custody with no child support. What is the likelihood of him actually getting 50%

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4 Lawyer Answers
Ellaretha Coleman
PREMIUM
Ellaretha Coleman
Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: Not likely that he would get 50/50 physical custody if he has not been involved prior to now and the child is 4 years old. The court will look to the best interest factors in determining custody, which includes the parties' historical parenting. You should consult with an attorney to discuss the specific facts of your case.

Homer P Jordan IV agrees with this answer

Regina Irene Edwards
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Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: Each case is different. This is impossible to answer without more facts. He may say you prevented him from being more involved. He may say he is more stable and has a better environment. There are many factors that a court will consider in awarding custody. Talk to an attorney about your options.

Homer P Jordan IV agrees with this answer

Homer P Jordan IV
Homer P Jordan IV
Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: It's difficult to say how much custody he will get, but it's not likely he'd get 50%. Plus, he doesn't have legal rights to the child if you have never been married to him and he hasn't legitimized the child. You should consult with an attorney who can review the facts of your case in detail and help you plan the proper course of action. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

Kim Ebert
Kim Ebert
Answered
  • Lithia Springs, GA
  • Licensed in Georgia

A: With the skill of a good attorney, particularly one that knows the judges in the jurisdiction, and the presentation of the facts in a light most favorable to your situation, it is unlikely.

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