What are the laws in the state of GA on Child Custody for Unmarried parents?

[bernd]

My partner has had a death in their family, and it has put me up to a lot of thinking, when it comes to my son.

I have a five year old son. My ex and I had him when we were in high school.
We were never married, but he is on the birth certificate.
My son lives with my partner and I, we live alone the three of us, and we support him financially and emotionally of course.
I finally filed for child support in April of this year because, his father completely stop trying to help, or see him at that.
In Dec I will receive first Child Support. :)

My son's father does not support himself, and does not live on his own.
He has plenty of record now, like DUI's and probation and what not.
His license is currently suspended and well he would just be unfit as a parent, he cares too much for partying and what not.

My son sees his father maybe one to two days every other week, or even every three weeks at times.
He really doesn't change or help my kid's life at all.

My thing is that at Child Support office I was told that in Georgia, the custody is legally mine, even if he is on birth certificate because we were NEVER married.
Unless, he summits to a DNA test or it is in verbal or legal writing in court.
I do believe that when he had court for child support, he never denied my child being his.
And he did sign saying that yes, he was his father.
I have a copy of the court's paper work.

So does that mean that now he is legally legitimized?
How/Or does it change things?

Is the custody still legally all mine?
or Do I have to see a lawyer to have that on writing?

What happens if I die?
Does he automatically get my son?
Or Could my family/partner?

What if I have a will, and have it on writing where my child should go?
Will that help?

I am thinking I should see a lawyer anyway, but I am trying to get as many answers as I can.
I know if I died he wouldn't fight to have him, he isn't responsible enough, and would rather party.

But I worry, about me being gone, and then him taking my child away from my whole family just to be a jerk...

Who can help me?

[newyddilyn60]

If he signed the paper saying he was the father at birth that paper stated he waived his rights to a DNA test to get out of it. If you die, he gets the child. Unless he is in jail at the time of your death or some homeless drug user he will get your child.

There is nothing you can do unless he was to sign away his rights. You cannot will your child to someone else when the biological father is alive.

[said99]

If he signed the paper saying he was the father at birth that paper stated he waived his rights to a DNA test to get out of it. If you die, he gets the child. Unless he is in jail at the time of your death or some homeless drug user he will get your child.

There is nothing you can do unless he was to sign away his rights. You cannot will your child to someone else when the biological father is alive.

Custody would go to the childs father. He sees his child at least monthly so he isn't a stranger. Even if you put it writing, the father would still get custody. The only way to prevent this is to have him sign over rights and have your partner adopt your child. If he was an absent father, the process may be different, but he is not.

[caffar]

Like mom2Max said. Also since you requested child support, he can request more visitation with the child and will have more rights because now he is legally supporting the child. If you didn't want him to get the child if you die, have your partner adopt him, his father can still see him, but won't have any legal parental rights to the child.