How to Handle High-Conflict Custody Situations
Child custody issues are rarely simple,
and some situations are more challenging than others. Divorcing parents often
face stressful and unusual circumstances which raise questions about safety,
communication, and parental rights. Although no two cases are alike, and
answers always depend on the specific case facts, this blog addresses several
real-world custody concerns and offers guidance on how to navigate them.
1. How Can an Unmarried Father Get Custody if the Mother is Unfit or Absent?
In Georgia, when a child is born outside
of a marriage, the mother automatically holds all legal rights. An unmarried
father has no legal rights to custody or visitation until he legitimates the
child and establishes paternity. Only after Legitimation can he petition the
court for custody or parenting time.
If the father believes the child could
be in danger, he may report the situation to DFCS, which would prompt an
investigation. If DFCS removes the child from the mother due to safety
concerns, a pending Legitimation may increase the likelihood of the child being
placed with the father. Otherwise, the father must seek custody and visitation
through the Legitimation process.
2. Can One Parent Obtain a Passport for a Child without the Other Parent's Consent?
When it comes to passports, federal law
controls over state laws. Federal rules require consent from both parents to
obtain a passport for children. If the non-applying parent cannot appear, they
must submit a written Statement of Consent. If the parent cannot be located,
the applying parent may submit a Statement of Exigent or Special Family
Circumstances.
Parents with sole legal custody may
provide their custody Order in place of consent. For joint legal custody, the court
may need to clarify whether travel can occur without the other parent's
signature. Judges will generally allow reasonable travel unless there is
credible evidence of a flight risk, so it is wise to have travel permissions
clearly written into the Parenting Plan.
3. What Can a Father Do if the Mother Abandons the Child?
A father who has legal rights to his
child may have a case to obtain custody of his child if a biological mother
leaves the child with someone who has no legal or biological connection for an
extended period of time. If the mother has abandoned the child, it may be appropriate
to petition the court to modify the custody arrangement in favor of the father and order the mother
to pay child support.
If the father is being denied his
court-ordered parenting time, he can often involve the sheriff's department to
enforce his custody order. Should circumstances interfere with the father's
parenting time, the father should promptly file a contempt action, which is a
simple, low-cost filing.
4. What Are a Parent's Custody Rights when Married but Separated?
Married parents each hold full custodial rights, even if they are separated. Unless a court order states otherwise, either parent may pick the child up from school or daycare.
If drug use or safety issues exist,
filing for divorce with an emergency hearing may be necessary to secure
temporary custody and require drug testing. For couples not ready to divorce, a
separate maintenance action can allow the parties to live apart while having
custody, support, and visitation orders.
5. When Can a Stepfather Adopt a Child and Change Their Last Name?
If the biological father consents or is deceased, a
stepparent may adopt and change the child's surname. However, if the biological
father pays child support and objects, courts are unlikely to grant a name
change. Payment of support demonstrates an ongoing legal responsibility, which will weigh heavily in the court's decision.
6. How Do I Obtain a Copy of My
Custody Order and Settlement Agreement?
Custody agreements and settlement
documents are filed with the court. One can obtain a certified copy from the
clerk's office in the county courthouse where the divorce was finalized.
7. Do I Have to Let the Other Parent Come into My Home during Custody Exchanges?
If the parenting plan specifies a
neutral exchange location, a parent is not required to allow the other into
their home. They must, however, facilitate the parenting time exchange and work
together to choose an appropriate alternate meeting location.
Custody challenges can be overwhelming,
especially when circumstances are unusual or emotionally charged. While these
general guidelines may help clarify common issues, it may be best to obtain legal
advice tailored to your specific situation when navigating complex custody
matters.