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Rights of Unmarried Fathers | Atlanta Child Custody

Scott Shaw | 942 Views | 11/02/2015

Rights of Unmarried Fathers

Hello, my name is Scott Shaw, and in this video I’m going to be discussing the rights of unmarried fathers, and to start with, I’m just going to pound this point into the ground because I’m asked this all the time, and my unmarried father clients seem not to believe me and is a very common circumstance that occurs where a child is born to an unmarried couple, and the couple lived together, and they raised the child together, or the father even raised the child by himself. Thereafter, I’m contacted by the father because the mother is making threats or has taken the child or is making a threat to file a paternity suit against the father to get child support set up.

When I speak to fathers in these circumstances, they are astounded. As I tell them, “No, does not matter that you are on the birth certificate. No, does not matter that you raised the child the child’s entire life. No, no, no, no.” None of it matters. It actually does not even matter if you have been legitimated.

Case Litigation Example

As an example, you executed and acknowledged a paternity at the hospital. As long as there has not been any court order granting you custody or visitation rights to your child, mom has all rights to that child, you have none. Until such time the Court issues an order giving you custody rights, there is no other way to obtain your rights but a court order. Albeit under agreed to circumstances, we may be able to get you a custody immediately, but absent that mom has all the power, and you have to get a court order.

I recall one case that I did last year where the father raised his little girl through age three while living with his parents in Georgia. Mom lived with him at his parent’s house. The mother who was unfit felt insulted by some slight or other that she alleged made towards her, and then she alleged abuse, and she picked up the child, and she drove all the way to Florida to live with her drug-abusing and truly abusive father. Alarm bells went off. I was contacted and we filed an emergency motion to get custody of this child, and things were looking good as my client had signed and acknowledged in a paternity. Nevertheless, opposing attorney made a tactical legal argument that my client did not even have standing to file for custody of his own son, and thus his petition for custody should be dismissed.

Long and short of it is that opposing attorney was wrong, but the judge – who was overworked and without a law clerk – threw up his hands. He did not know the law in this area. The case sat on his desk for months. I ended up having to draft a sophisticated brief citing federal and state law with my own court order and getting three different court dates before the judge would even issue an order to get the child back from the state of Florida despite the abuse. We ended up winning the case, but that poor little boy was stuck in that abusive home for six months all because until such time is there a child custody order in place entered by the Court, you have no rights amazingly enough even under these sort of circumstances.

My name is Scott Shaw, and if you have any questions about this or any other family law issues, I’d be happy to take your call or inquiries. Thank you.

By: Scott Shaw

Rights of Unmarried Fathers | Atlanta Child Custody

Rights of Unmarried Fathers

Hello, my name is Scott Shaw, and in this video I’m going to be discussing the rights of unmarried fathers, and to start with, I’m just going to pound this point into the ground because I’m asked this all the time, and my unmarried father clients seem not to believe me and is a very common circumstance that occurs where a child is born to an unmarried couple, and the couple lived together, and they raised the child together, or the father even raised the child by himself. Thereafter, I’m contacted by the father because the mother is making threats or has taken the child or is making a threat to file a paternity suit against the father to get child support set up.

When I speak to fathers in these circumstances, they are astounded. As I tell them, “No, does not matter that you are on the birth certificate. No, does not matter that you raised the child the child’s entire life. No, no, no, no.” None of it matters. It actually does not even matter if you have been legitimated.

Case Litigation Example

As an example, you executed and acknowledged a paternity at the hospital. As long as there has not been any court order granting you custody or visitation rights to your child, mom has all rights to that child, you have none. Until such time the Court issues an order giving you custody rights, there is no other way to obtain your rights but a court order. Albeit under agreed to circumstances, we may be able to get you a custody immediately, but absent that mom has all the power, and you have to get a court order.

I recall one case that I did last year where the father raised his little girl through age three while living with his parents in Georgia. Mom lived with him at his parent’s house. The mother who was unfit felt insulted by some slight or other that she alleged made towards her, and then she alleged abuse, and she picked up the child, and she drove all the way to Florida to live with her drug-abusing and truly abusive father. Alarm bells went off. I was contacted and we filed an emergency motion to get custody of this child, and things were looking good as my client had signed and acknowledged in a paternity. Nevertheless, opposing attorney made a tactical legal argument that my client did not even have standing to file for custody of his own son, and thus his petition for custody should be dismissed.

Long and short of it is that opposing attorney was wrong, but the judge – who was overworked and without a law clerk – threw up his hands. He did not know the law in this area. The case sat on his desk for months. I ended up having to draft a sophisticated brief citing federal and state law with my own court order and getting three different court dates before the judge would even issue an order to get the child back from the state of Florida despite the abuse. We ended up winning the case, but that poor little boy was stuck in that abusive home for six months all because until such time is there a child custody order in place entered by the Court, you have no rights amazingly enough even under these sort of circumstances.

My name is Scott Shaw, and if you have any questions about this or any other family law issues, I’d be happy to take your call or inquiries. Thank you.

By: Scott Shaw