If my son’s father is in the US illegally and left due to domestic violence but I have not yet filed for custody, does he have a right to see our son?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my son’s father is in the US illegally and left due to domestic violence but I have not yet filed for custody, does he have a right to see our son?

He did sign the birth certificate but we are not married.

Asked on December 17, 2012 under Family Law, Michigan

Answers:

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

Answered 8 years ago | Contributor

The immigration status of your son's father is irrelevant.  The question is whether you and your son's father were married at the time your son was born or whether you two have married since your son's birth.  In Georgia, if a child is born out of wedlock, then the mother automatically has sole legal and physical custody of the minor child.  Accordingly, your son's father has absolutely no legal rights to your son (if the child is born out of wedlock) unless he "legitimates" the child in the Superior Court.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption