What can I do legally to prevent my son from being in the custody of his father?

My son will be 3 years old in October. His father is not paying child support and has never has. He would like to keep him overnight. I don't want my son together with him as he is on drugs, he has to take pills for his anger and even his dog has died his abuse. What can I do?
Share |
Answered By: Alfred Law Firm
If the child was born out of wedlock and the father has not legitimated him then the father has no legal parental rights to the child. Consequently, you do not have to let the child see him if you fear that he is a danger to the child.

Answer Applies to: Georgia
Replied: 11/4/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Offices of Seth D. Schraier
You need to apply in Family Court for a formal order awarding child custody to yourself, and an order limiting visitation to daytime visits and at a public location. Until you get the order, there's nothing you can do to prevent him from spending time with your son.

Answer Applies to: New York
Replied: 10/21/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

More Questions on Divorce


Talk to an Attorney

Input your zip code in the box below to find an attorney in your area today for a case review.

Ask Questions

Ask a local attorney a question for FREE.

Free Answers

FREE answer from a local attorney.

100% Anonymous

Your email is only used to send answers to you.

Ask a Local Attorney

Free Legal Questions & Answers