Legal Question in Family Law in Georgia

I am the mother of a 9 month old baby boy in the state of GA, more specifically the Hiram/Powder Springs area. His father and I (are not married) are no longer together and we decided to let him have the baby every other weekend(only because he lives with his parents and at least 1 of his parents is always present when he has our son, as I do not trust him alone with our son. He is a former alcoholic and prescription pill addict. On top of this, he has bi-polar and is currently on medicine for it which he has said on more than one occasion, he feels is not working. He has given me $50.00 a week for our son since the first week of January 2013. The reason I have told you this much, is because he has officially filed for the Legitimization of our son. While I have not yet been served by a sheriff on the off chance that they've missed me, I was wondering if I chose to leave the state (GA) and go back to NYC (which is where I'm from) before I'm served, if there would be anything legally he could do to get me back to Georgia. Or if I am served, do I have 30 days to respond? If so, and I do agree that my son is in fact his son, (which he is) will I need to hire an attorney to make it so that his father get as little visitation if any with our son? I am not blind to the fact that not only do I need to seek council, but will probably need to retain council as well. I just want what's best for our son. Please help!


Asked on 2/14/13, 12:59 pm

2 Answers from Attorneys
Harold Holcombe Harold D. Holcombe, P.C.

You have 30 days to respond to his petition. If you go back to NYC right now, after he has filed suit, he can still have you served and you would have to answer. Regardless of his medical problems it is likely he will have parental rights and some sort of visitation so it would be best to work it out with him. You need a family lawyer there in Paulding County to help you.

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Answered on 2/14/13, 1:12 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Note that if the case has been filed, your moving may violate the court's standing order and the case will proceed in Georgia. Get a lawyer immediately, before making any decisions.

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Answered on 2/14/13, 4:21 pm


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