How to get full custody of my child who is 19 months old, if her father is on the birth certificate but does not pay child support?

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How to get full custody of my child who is 19 months old, if her father is on the birth certificate but does not pay child support?

We don’t have a custody arrangement.

Asked on November 22, 2012 under Family Law, Texas

Answers:

Anthony Van Johnson / VANJOHNSON LAW FIRM, L.L.C.

Answered 8 years ago | Contributor

In the State of Georgia, if a child is born "out of wedlock", the mother automatically has sole legal and physical custody of the minor child.  Whether or not the father's name is on the birth certificate is irrelevant.  The father is still required to pay child support, and if 30 days elapses without the father providing any support for the minor child, the mother "may" apply for a criminal warrant for "abandonment".  If the father of a child born out of wedlock wishes to have visitation or wishes to seek any form of custody, he must first file a Petition for Legitimation in the Superior Court, and if the petition is granted, then the father may seek visitation or custodial rights.


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