My daughter's mother recently served me with paternity papers. I want to try and get custody because of mother's bi-polar/mental instability issue. My questions are: 1) If she files paternity suit, what happens if I cannot afford the DNA test? (I have heard it is close to $800.00) and 2) If I ask for full custody and it is denied, does that mean I don't get any custody at all? Or would I have to file another suit for joint custody after denial?
paternity and legitimization
- Thread Starter Mark0303
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Gail_in_Georgia
Moderator
Until paternity is established, you are not legally considered to be the father.
You need to seriously rethink your goal of full custody (and, by the way; if you cannot afford to pay for an DNA test how do you plan on having the funds to raise a child?). Once paternity is established, filing for joint custody is a far more reasonable choice.
Gail
You need to seriously rethink your goal of full custody (and, by the way; if you cannot afford to pay for an DNA test how do you plan on having the funds to raise a child?). Once paternity is established, filing for joint custody is a far more reasonable choice.
Gail
army judge
Super Moderator
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Couldn't you just answer my question without being judgemental? I am having a hard enough time here. I would like full custody because of the mental instability of the mother, and I was told that all matters would be settled at same time. Following paternity and legitimation ruling, then custody, visitation, and child support would be ruled on. And I plan on having the funds to raise my child any way that I possibly can. Whatever it takes, but right now I'm not able to come up with $800.00 on the spur of the moment, thank you.
warrenwhite
New Member
It's very hard to get full custody. I would suggest you ask for physical custody. If you are serious about full custody, you really have to prove that the other parent is not capible of the responsibility of raising a child. Again, I suggest you ask for physical custody, that would work more in your favor.
Good Luck
PS
Some people on this forum are miserable, but they are on this forum for a reason. Just like we are. So when you get rude comments, think to yourself. What SMART decisons did they make?
Good Luck
PS
Some people on this forum are miserable, but they are on this forum for a reason. Just like we are. So when you get rude comments, think to yourself. What SMART decisons did they make?
Gail_in_Georgia
Moderator
The OP would need to provide evidence that is both accurate and irrefutable regarding any claims of the "instability" of the mother to achieve any hope of being given full custody.
Understand that judges who handle these type of cases hear all sorts of wild stories on how one parent is "better" than the other at raising a child. Unless there is hard evidence to show this, full custody is not going to happen.
The general feeling of the court is that every child needs a stable family situation; that includes a mother AND a father working together (even if they are not living together) to provide a safe and secure environment for the child. In the courts eyes, what the parents "want" in terms of punishing their former bedmates means....absolutely nothing.
The court assumes (and often this is an inaccurate assumption) that parents are, well, adults, fully capable of taking care of their own needs. The child, by comparison, is seen as the helpless one in all of this, requiring the protection of the courts if the parents lack the capacity to work out the details of adequate care by themselves.
Gail
Understand that judges who handle these type of cases hear all sorts of wild stories on how one parent is "better" than the other at raising a child. Unless there is hard evidence to show this, full custody is not going to happen.
The general feeling of the court is that every child needs a stable family situation; that includes a mother AND a father working together (even if they are not living together) to provide a safe and secure environment for the child. In the courts eyes, what the parents "want" in terms of punishing their former bedmates means....absolutely nothing.
The court assumes (and often this is an inaccurate assumption) that parents are, well, adults, fully capable of taking care of their own needs. The child, by comparison, is seen as the helpless one in all of this, requiring the protection of the courts if the parents lack the capacity to work out the details of adequate care by themselves.
Gail
Would the fact that she had two previous children , ages 3 and 7, taken away by the state a little over two years ago? My daughter is 16 mos. old, and I didn't know about the other children until two months before she was born. And I apologize, I am having a really hard time right now, hope you understand.
What exactly is the difference between "physical" and "full"?
Is she claiming that you are not the father now? I would ask that she pay for this test. She may not even be legally allowed to dispute paternity this late in the game. You really need to talk to an attorney or contact some fathers rights groups in GA that might know the family law statutes on whether or not she can legally do this. You and your wife should try and work something out instead of fighting but do not let her walk all over you either.
Proserpina
Moderator
It is very unlikely either parent will end up with sole (full) legal custody. Physical custody though? Possible. Dad has to not only be legally established as Dad (and go through the extra step of Georgia's legitimation process), but will need to show a change in the child's circumstances in order to modify the current custody arrangement. Or, prove Mom unfit.
Both of these things will present an uphill battle.
OP, your daughter was born after the eldest were removed from Mom's care, correct?
Also OP, you WILL be asked - in court, if it gets that far - why you have only chosen to pursue custody now, after Mom served you with a suit...and not before now.
Both of these things will present an uphill battle.
OP, your daughter was born after the eldest were removed from Mom's care, correct?
Also OP, you WILL be asked - in court, if it gets that far - why you have only chosen to pursue custody now, after Mom served you with a suit...and not before now.
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First, understand you have an uphill battle. I worked with fathers on these issues for 21 years.. I'm a Fathers Rights Educator with Dads House.
Legally, you have ZERO rights to the child in 49 states. Only Arizona has an assumed rights for Single Fathers. But, you are obligated to pay child support even without any rights. Worse, she could have told you that it wasn't your child, waited 18 years, than file for Retroactive Child Support on you.
At Dads House we can teach you what you need to do, how to interview and hire an attorney, as well as working with him/her. There's no membership fees or donations required, plus you associate with other fathers going through the same thing.
jharris352
New Member
Ok Mark, I am in Georgia with you and I have pretty extensive experience in paternity, legitimation, and deprivation/termination actions. So here it goes.
The papers she served you are likely for child support. Did she serve you or did DHR serve you?
In any case the first thing you need to do is to file a petition to legitimate the child. You file that in the Superior Court of the county where the Mother and child resides. Depending on what she has already filed you can do it as a cross petition. You will be legitimating the child under O.C.G.A. 19-7-22. The court will order a DNA test, they are about $250 and yes you will have to pay for it.
If the Mother does not object to you legitimating the child and the DNA test comes back showing you are the biological father then the court will enter an order making you the legal father of the child. Once you are the legal father of the child, you then have rights to the child and obligations of child support.
At this point you can file for custody of the child under O.C.G.A. 19-9-1 et seq. and you can make your argument that she is not a fit mother. If she has had two other children terminated under O.C.G.A. 15-11-94 then it is very likely that she is not a fit mother and DFCS will take this child also. Either way, whether by you challenging for custody or DFCS challenging for custody, in order to show that she is unfit you must show that she has a current mental deficiency such that it is impossible for her to render proper parental care and control of the child.
If you fail and are not granted physical custody, the judge will automatically grant her custody and will set up visitation and child support for you.
Unless you can show her to be unfit, she is likely to be the physical custodian and you will be the Non-custodial parent. That's the overview, do you have any other questions?
The papers she served you are likely for child support. Did she serve you or did DHR serve you?
In any case the first thing you need to do is to file a petition to legitimate the child. You file that in the Superior Court of the county where the Mother and child resides. Depending on what she has already filed you can do it as a cross petition. You will be legitimating the child under O.C.G.A. 19-7-22. The court will order a DNA test, they are about $250 and yes you will have to pay for it.
If the Mother does not object to you legitimating the child and the DNA test comes back showing you are the biological father then the court will enter an order making you the legal father of the child. Once you are the legal father of the child, you then have rights to the child and obligations of child support.
At this point you can file for custody of the child under O.C.G.A. 19-9-1 et seq. and you can make your argument that she is not a fit mother. If she has had two other children terminated under O.C.G.A. 15-11-94 then it is very likely that she is not a fit mother and DFCS will take this child also. Either way, whether by you challenging for custody or DFCS challenging for custody, in order to show that she is unfit you must show that she has a current mental deficiency such that it is impossible for her to render proper parental care and control of the child.
If you fail and are not granted physical custody, the judge will automatically grant her custody and will set up visitation and child support for you.
Unless you can show her to be unfit, she is likely to be the physical custodian and you will be the Non-custodial parent. That's the overview, do you have any other questions?
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