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Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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After being in a relationship for almost five years my childs

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After being in a relationship for almost five years my child's father decided he needed his space and he left. We have never been married, my daughter at the time was 3. When he left it would be weeks sometimes months before he would so much as even call to just check on her. It was almost 6mos before he asked to spend time with her. By this time my daughter would kick and scream and hold on to what ever she could because she did not want to go with him. He wanted her to spend a weekend with him. I was not comfortable with that and told him he needed to take smaller steps, spend time with her and we can work up to her spending the weekend. To him this was unacceptable after much thought and prayer I agreed to let her stay one night with him. He was to pick her up on a Friday morning and return her on Saturday afternoon. He picked her up on Friday morning and I spoke with her that night before bed. On Saturday afternoon when I called to find out what time he would be bringing her back home I got no answer. I heard nothing from him until Sunday night when he informed me that he was gonna bring her back Monday by noon. I did not see my child until after 4pm Monday. The police were called and a report was made. I have made several attempts since then to allow him to be with her but its really hard because I fear that I will not see my child again. Recently within the last month he has started seeing her again. So far we have been through 4 visits and twice she was not returned home on the agreed time. The other two times I took her to him and picked her up myself, these were the only times the agreed times were honored. Just last night he threatened to break into my home, tie me up and take my daughter. I have to older children which sometimes watch my daughter while I'm at work and he even threatened to come then and take my daughter. At this point I just need help. I need to know what my options are, what should I do? What are his rights as her father? We live in the state of Georgia and my daughter has never been legitimized.
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*


Thank you for your question. My name is XXXXX XXXXX I will do whatever I can to answer your questions!

First you may want to consider obtaining a family protection order based upon the fathers threat to break into your home, tie you up and take your daughter or to take your daughter when your children are babysitting.

You will need to go to the local courthouse to obtain the FPO. The clerk will give you the forms and assist you. The judge will immediately sign the FPO if the forms on their face appear that you are in reasonable fear. After service, if he contacts you or appears that your home, you may have him arrested.

As to the father's rights, an unmarried father in Georgia does not have rights to visit the child unless the child is legitimatized as his. As the mother, without your child having been legitimatized, you have full custody and rights to determine whether or not the father has any visitation

I would be glad to continue our conversation and respond to any follow-up questions that you may have.
Ellen and 5 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.

Thank you just needed some idea of where to start.