Legal Question in Family Law in Georgia
Can a 10 year old testify at a child custody hearing? The childs parents were never married but the father is on the birth certificate. The child is the one who wanted to stop seeing his father due to drug use. Of course, the father had denied all this even with major drug charges on his record.
2 Answers from Attorneys
That would be up to a judge. Most judges don't like children testifying, and instead of testifying they may appoint a guardian ad litem to represent and talk to the child.
The putative father, because he never ligitimated child, has no standing to insist on visitation, let alone custody of minor child (name on birth certificate, alone, has no bearing on custody matters; it just means "he was there at conception")
Judge should not even hear evidence from putative father (whether or not he is paying child support) as he has NO RIGHT without an Order of Legitimation from a court of competent jurisdiction (Superior Court with right venue)
Mother needs to hire an attorney (who will have court appoint a guardian ad litem for child) to protect her son from this man (alleged drug user or, worse, drug dealer) and move on with their lives WITHOUT this felon bithering them
Go with God
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