Legal Question in Family Law in Georgia

custody

I had an order issued in DeKalb Count Superior Court to establish paternity and visition on 7/14/98. Now the NCP has served me papers for legitimating our son. I thought the paternity establishment did that. Am I wrong? The father is attempting to eliminate his obligation for child support.


Asked on 5/29/08, 1:49 pm

1 Answer from Attorneys
Harold Holcombe Harold D. Holcombe, P.C.

Re: custody

Yes, you are wrong. An order for paternity establishes who the father is and a duty of support. Visitation means the father can visit the child. Legitimation legally establishes the Father as the legal father, meaning that the child can inherit from him and also giving the father certain parental rights, such as reasonable access to the child. He cannot eliminate his obligation for child support, but at some point he may try to get custody and get you to pay child support. If the child is 10 years old it appears he is trying to get custody and wants you to pay child support. You need to consult an attorney with all the details. If the child is over 11 the child will have some voice in where he/she wants to live.

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Answered on 5/29/08, 2:04 pm


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