Legal Question in Family Law in Georgia

Legitimation and Visitation Rights

Illegitimate child was born in Virginia. Father acknowledges paternity (through father's name on birth certificate and court paternity papers that was signed when he attended court for child support). Mother and son now resides in Hancock County, GA. Father resides in Prince Georges Country, MD. Father has fallen behind on child support, but is now paying regularly through court. Mother refuses to allow father to bring child to MD for summer visits. At one point, mother openly told father that she had to ''ask'' her live in boyfriend out of respect if the father could visit his own child. Father is now going to pursue court ordered visitation rights, but must first legitimate son. Can the legitimation and visitation rights request be combined on one court filing for Hancock County, Georgia or must they be filed separately. Father intends to represent himself in court.


Asked on 8/07/01, 2:23 pm

3 Answers from Attorneys
Lisa Lane McDevitt McDevitt Law Office

Re: Legitimation and Visitation Rights

You must file your action in Georgia if that is where the child has lived for the last six months.

Good luck to you. There is absolutely no reason why you should have to ask anyone, even her, to visit with your boy! A court order for visitation will see to it that you get the respect you deserve.

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Answered on 8/07/01, 4:12 pm
Thomas McCarthy, Sr. Thomas McCarthy, Sr., Esq., P.C.

Re: Legitimation and Visitation Rights

Strongly suggest that you hire a GA family law attorney.

A pro se plaintiff is always at a disadbantage against an attorney.

Illigetimacy has nothing to do with visitation.

Custody and visitation are decided based upon the best interest of the child.

Good luck,

Tom in Md.

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Answered on 8/07/01, 10:14 pm
Carolyn Press Chung & Press. P.C.

Re: Legitimation and Visitation Rights

You will have to file in Georgia for visitation rights. Apparently you have already been recognized by the courts to be the father, so that should not be an issue. The mother's new husband has no right to decide whether you can have visitation with your child. You should try to find an affordable Georgia family law lawyer to represent you, because representing yourself is not as simple as it may look.

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Answered on 8/10/01, 11:13 am


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