Chances of Joint Custody in GA on fathers behalf?

[SouthernDiva]

I am in a common-law marriage with my boyfriend of 3 years and we have lived together for 2 years. His daughters mother does not allow their daughter to stay with him because she does not want her daughter around me. She has no legitimate reason other than she is bitter.
I have suggested that my boyfriend seek joint custody so he can spend time with his daughter in his own home on his own time with me. He pays for half of the daycare and half of the child's expenses without being on child support.
Is this a good enough case? Will it affect the case if I (the girlfriend or common-law wife), am an I.T. during the week whom also attends school full time, but is also an adult entertainer on the weekends?
I hate the stereotype that comes with adult entertainers, but it helps pay for school.

What are the chances of my boyfriend/common-law husband to get joint custody?

P.S. We live in GA and this is not an attempt to get out of child support.

 

[CJane]

How are you "common law married" when GA does not recognize common law marriages created after 1997?

STATES THAT RECOGNIZE COMMON LAW MARRIAGE:
Only a few states recognize common law marriages:

Alabama
Colorado
Georgia (if created before 1/1/97)
Idaho (if created before 1/1/96)
Iowa
Kansas
Montana
New Hampshire (for inheritance purposes only)
Ohio (if created before 10/10/91)
Oklahoma (possibly only if created before 11/1/98. Oklahoma's laws and court decisions may be in conflict about whether common law marriages formed in that state after 11/1/98 will be recognized.)
Pennsylvania (if created before 1/1/05)
Rhode Island
South Carolina
Texas
Utah
Washington, D.C.

If Mom and Dad weren't married, Dad would first need to legitimize the child. Then he would have standing to file for custody/visitation and the obligation to pay child support per state guidelines. That may be more or less than he's currently gifting to Mom.

And yes, in GA, Mom would absolutely be able to get a judge to order that the child not spend overnights in the house while you're living there unmarried and participating in a morally questionable profession. It's the South, it's still a big deal.

If Dad believes that joint custody means a 50% time share, he's wrong. And it's highly unlikely that he would gain a 50% time share without an agreement from Mom.

 

[SouthernDiva]

Yes, I know we are not a common-law state but I was trying to get you people to understand the severity of our relationship.
This is not the topic of discussion.

 

[TheGeekess]

Yes, I know we are not a common-law state but I was trying to get you people to understand the severity of our relationship.
This is not the topic of discussion.

Your "relationship" means legally NOTHING as you mean LEGALLY NOTHING in the matters between Mom and Dad.

 

[Isis1]

Yes, I know we are not a common-law state but I was trying to get you people to understand the severity of our relationship.
This is not the topic of discussion.

Honey, you made it a topic when you included it in your post. Dad will not get a 50/50 timeshare of the child just because his new girlfriend says so. Mom AND Dad will have to agree in order for such arrangement to work. If mom says no, then no it shall be. It works the same way the other way around too! If dad had full custody and said no, no it shall remain.

 

[SouthernDiva]

I am not saying because I said so, I am asking on behalf of my BF.
I thought the overall ruling of 50/50 custody was made by the judge. Regardless, of how she feels about it. I know he has rights.

 

[majomom1]

Yes, I know we are not a common-law state but I was trying to get you people to understand the severity of our relationship.
This is not the topic of discussion.

Not giving true facts... under any circumstance... will hurt your "husband".
That is a topic of this discussion.

 

[majomom1]

I am not saying because I said so, I am asking on behalf of my BF.
I thought the overall ruling of 50/50 custody was made by the judge. Regardless, of how she feels about it. I know he has rights.

He does have rights, but any misrepresentation of anything will hurt all of his chances in court, for custody.

If there are untruths in one place... there probably are more in others. That is what the Judge will see.

 

[SouthernDiva]

Ok geeesh. So I will take it out of the post and post a new one. That is not the point. I am trying to get some legal advice for my bf about his daughter. Apparently, I am a factor as to way she doesn't want the child to be around me even though I was his girlfriend before the child was born.

Ok so if me saying common-law is really the issue. Then I will take it out and make a new post but the overall question will be the same.

 

[majomom1]

Ok geeesh. So I will take it out of the post and post a new one. That is not the point. I am trying to get some legal advice for my bf about his daughter. Apparently, I am a factor as to way she doesn't want the child to be around me even though I was his girlfriend before the child was born.

Ok so if me saying common-law is really the issue. Then I will take it out and make a new post but the overall question will be the same.

No, don't take it out. We will remember. Why did you suggest that he seek joint custody? He didn't want to before?

 

[Proserpina]

Ok geeesh. So I will take it out of the post and post a new one. That is not the point. I am trying to get some legal advice for my bf about his daughter. Apparently, I am a factor as to way she doesn't want the child to be around me even though I was his girlfriend before the child was born.

Ok so if me saying common-law is really the issue. Then I will take it out and make a new post but the overall question will be the same.

Answer remains the same.

Dad needs to file to establish custody/visitation.

By himself.

 

[SouthernDiva]

He just wants to see his daughter without all the headache of the mother. He can see her if he picks her up from daycare but he either has to stay at the mothers house til she gets off from work OR if he takes her out somewhere. But the mother will not allow him to bring is child to our house where she has toys and clothes.
He just wants to be able to spend time with his daughter without hearing her mother's whining.
I miss seeing the daughter too and I am sure she misses me.
The mother used to let the daughter comes stay with us until she found out (somehow) about my weekend job.

 

[Proserpina]

He just wants to see his daughter without all the headache of the mother. He can see her if he picks her up from daycare but he either has to stay at the mothers house til she gets off from work OR if he takes her out somewhere. But the mother will not allow him to bring is child to our house where she has toys and clothes.
He just wants to be able to spend time with his daughter without hearing her mother's whining.
I miss seeing the daughter too and I am sure she misses me.
The mother used to let the daughter comes stay with us until she found out (somehow) about my weekend job.

Keep yourself out of it - seriously.

Frankly if Mom gave birth AFTER he'd hooked up with you - as per your earlier post - it's only to be expected that she might seem just a tad reluctant for you to be involved at all.

He also needs to get used to the idea that he WILL be dealing with Mom for the next 15 or so years.

Like I said - he needs to actually go to court and file for visitation. Period. He's not going to get joint physical custody at this point, incidentally.

 

[SouthernDiva]

So you sound like you agree with the fact that he cannot have his daughter at his own house?
I don't see how anyone can think that is fair. As I said she has no reason to not like me. She was an ex who got pregnant to try to keep him. He even knows this and he doesn't want any drama between him and her, but he does want to be able to have his daughter at his house whenever he wants.

 

[majomom1]

So you sound like you agree with the fact that he cannot have his daughter at his own house?
I don't see how anyone can think that is fair. As I said she has no reason to not like me. She was an ex who got pregnant to try to keep him. He even knows this and he doesn't want any drama between him and her, but he does want to be able to have his daughter at his house whenever he wants.

No... he can and should have visitation. He should have gotten a visitation order long before now. The fact that he didn't until you pushed him to makes everyone wonder and your "untruths" will hurt him in court.

It will be an uphill battle for him now. HE needs to step up and make it happen. Are you willing to give up your weekend job to help make it happen, because I am sure Mom will continue to make that an issue?