Indianapolis, IN asked in Child Custody, Child Support and Family Law for Georgia

Q: Can I track my toddler when he’s with his dad that’s NOT on his birth certificate?

My child’s father is not on his birth certificate, and he’s really not all that involved… He does not pay child support and does not visit. The only time he sees him is if I drive eight hours to my hometown to let him. I only moved a month ago and visited once, I put a tracker in my toddler‘s diaper bag and I guess he searched and found it. He was absolutely livid and said that legally he is not obligated to tell me where he is with my son, is this true? If he’s not on his birth certificate wouldn’t that be the same as me tracking him with a babysitter… He told me that I broke the law and went as far as saying because of that he’s scared of what else Im capable of? He’s very narcissistic so I expected him to raise hell but he even mentioned pressing charges… I need advice. I don’t trust him at all and didn’t feel he was honest about where he would be taking him.

2 Lawyer Answers

A: In the absence of a court custody decree, a child’s father has the exact same legal rights as a child’s mother.

Would you be upset if he was tracking you when the child was with you?

A: The question is whether the bio father legitimated the child or not. It’s a court proceeding. If the child is not legitimated, the father has no legal rights over the child - no right of visitation or custody.

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