Brooklyn, NY asked in Family Law for Georgia

Q: I’m a father in Maryland that has a son in Stone Mountain ga. I need answers on how to handle visitation rights

Hello, I’m a father in Maryland that has a son in Stone Mountain ga. The mother of my child was here in Md. She got pregnant and moved to GA with her mom and birth the child in GA. I want to get visitation rights and everything that could possibly happen. The child is 5yrs old. Me and the child mother just recently did a home dna test and the results came back 99% my child. I have been sending money and buying the child items since the results. I just met him for the first time dec 1st. I need help with this situation. I want to be apart of his life and for he him to really know me and my side of the family. The mother of the child gives me a hard time and allows the grandmother to be disrespectful and control this situation.

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2 Lawyer Answers
P. Justin Thrailkill
P. Justin Thrailkill
Answered
  • Fayetteville, GA
  • Licensed in Georgia

A: You need to contact a Georgia attorney about filing to legitimize your child. If the child is born out of wedlock, you have no rights upon his birth. You have to establish them in a legitimation action. If she will consent to terms (custody, visitation, support), then this could be an uncontested matter. If not, you would need to proceed on a contested basis to get her served and schedule the matter to be heard by the court.

The sooner you move on this the better you odds are. If you wait three or four years to proceed, a Court may determine that you've failed to assert your rights and deny you legitimation.

Homer P Jordan IV agrees with this answer

Homer P Jordan IV
Homer P Jordan IV
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: I agree with my colleague, it is important that you contact an attorney to start the legitimization process. Until you have legitimized the child you will have no legal rights at all. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

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