Am I able to stop my husband from seeing my children? 6 Answers as of February 02, 2012

I am not legally separated. I get absolutely no assistance from my children's father. He is no longer capable of caring for them properly. He doesn't have proper clothing or even food in the house for them when he does get them. I have to struggle with providing food, shelter, clothing and after care while he refuses to assist. Am I able to stop him from seeing my children until he gets his environment together? I have no idea if he works or not. He says he doesn't but I really don't know.

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H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
You don't specify whether you and the father were ever married. If not, he has no rights to the children until and unless he legitimates them. If you are married to him, then you can't stop him under normal circumstances from seeing them without a court order. I recommend that you talk to an attorney as soon as you can about your options.
Answer Applies to: Georgia
Replied: 2/2/2012
Steven Harrell, Attorney at Law | Waymon Steven Harrell
You need to retain an attorney, and file a divorce action against your husband. The court can determine what visitation your husband will have with the children, and the conditions he must satisfy in order to have visitation with them.
Answer Applies to: Georgia
Replied: 2/1/2012
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
You need to immediately retain a lawyer. If the funds are not available to do that, file a child support case with the state. If your husband won't support his children, get him tossed in jail or get him forced to pay support.
Answer Applies to: Georgia
Replied: 1/31/2012
Law Office Of Jody A. Miller
Law Office Of Jody A. Miller | Jody A. Miller
Legally, you are not able to stop him from seeing the children. However, if he has left the marital home, as a practical matter if he does come to the residence "making a scene" and asking to have the kids, you can ask him to leave; although if he shows up at school or day care and picks them up there is no way to stop him from doing that since until a court issues an order otherwise he has equal custodial rights. The only way to get an order giving you physical custody and limiting his time with the children is to file for divorce.
Answer Applies to: Georgia
Replied: 1/31/2012
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
No, I doubt a Judge would deprive him of seeing his children but you can ask for supervised visits to take place in a community setting given the unsafe environment of neglect that is taking place.
Answer Applies to: Georgia
Replied: 1/31/2012
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