Legal Question in Family Law in Georgia

Biological Father's Visitation

My daughter had a wedding, had a child by the groom, and found him to be emotionally disturbed, though she has very little proof. The groom and the child love each other but he has been known to get somewhat violent and negligent toward her. He is extremely verbally and emotionally abusive of my daughter. While they were separated, my daughter found that his previous divorce was finalized after her marriage, so her marriage to him is void. She does not intend to continue any relations with him. However, would it be possible to let the child and her biological father visit under circumstances in which he could not possibly hurt or kidnap her? For example, in a mental institution or jail facility? Also, could he possibly use the courts to gain access to the child without any such restraints?


Asked on 4/23/02, 1:19 pm

1 Answer from Attorneys
Pearlie Bush

Re: Biological Father's Visitation

In Georgia, a father of a child born out of wedlock does not have visitation rights to the child until he has legitimated the child. The mother can withold visitation rights from this father because they were not technically married when the child was born. The father must go through the courts to establish legitimation, regardless of whether his name is on the birth certificate, establishes paternity, or pays child support, but the mother can object with good grounds. Once legitimation is complete, the father can then go to the courts to gain visitation rights to the child. In the meantime, the mother does not have to allow him to see the child at all until he takes the steps mentioned above.

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Answered on 4/24/02, 6:49 am


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