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Custody While Having a Stalking Order

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  • 09-12-2014, 09:13 PM
    Orangevase
    Custody While Having a Stalking Order
    My question involves a child custody case from the State of: Georgia

    I have a child, the father has had a stalking order active since the child was born. It will be up soon and I am trying to renew. The child hasn't been legitimized nor is the father on the birth certificate. Should I be trying to file for sole legal custody or let things stand as they are and not stir the pot and him possibly end up with custody in case the SO doesn't become renewed?

    Thank you.
  • 09-12-2014, 09:31 PM
    BooRennie
    Re: Custody After/While Having a Stalking Order
    Until Putative Dad is found to be Dad legally by the court, whether by DNA test or voluntarily signing the AOP, he cannot file for legitimization. Until Dad files for legitimization, he cannot file for any kind of custody/visitation.

    Right now, you have sole legal and physical custody by default.
  • 10-18-2014, 08:19 AM
    Orangevase
    Re: Custody After/While Having a Stalking Order
    Should (can I)I take steps to bar if from such contact or rights? Or is this a " only if you get married, husband adopts" situation?

    Thank you for your response!
  • 10-18-2014, 08:34 AM
    llworking
    Re: Custody After/While Having a Stalking Order
    Quote:

    Quoting Orangevase
    View Post
    Should (can I)I take steps to bar if from such contact or rights? Or is this a " only if you get married, husband adopts" situation?

    Thank you for your response!

    Don't poke the sleeping bear. You have sole legal and physical custody by default because you are the only parent that legally exists at this time. Anything you might do at this point could push dad into filing to establish paternity and obtain custody and visitation rights.
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