Augusta, GA asked in Family Law and Child Custody for Georgia

Q: Hi my name is Heather and I am trying get my son back. My son don't live in the same state as I do. I don't what I can

I don't what I can do my son don't live in the same state as I do. I have ask when can I set a visit with him and she won't text back about visit I haven't seen my son since October of last year

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3 Lawyer Answers
Ellaretha Coleman
Ellaretha Coleman
PREMIUM
Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: If the child is in Georgia and you and the mother were never married, you would need to file a petition for legitimation prior to having any rights to visitation. If the child is not in Georgia, you would need to consult with an attorney in the state in which the child lives to determine your rights and options to visitation.

Homer P Jordan IV agrees with this answer

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

A: I agree with my colleague. Were you married to the mother or have you legitimized the child? Without one of those then you have no legal rights to the child. You will want to legitimize the child so you have legal rights. You should contact an attorney in the state where she lives so they can help you plan the proper course of action. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

Kim Ebert
Kim Ebert
Answered
  • Lithia Springs, GA
  • Licensed in Georgia

A: It doesn't sound to me like you need to file for legitimization Heather as a mother has no standing to do so. My questions are more along the lines of why was your child removed from your custody? Were you married? Are you subject to a dependency action? Has your son lived with you in Georgia?

You may want to consult with an attorney and some attorneys are licensed in multiple states or know attorneys in other jurisdictions. Even if your child lives in another state, consider speaking with a local attorney as a competent attorney have specific questions related to where the child was born, how long the child has been in another jurisdiction and whether or not you are subject to child support, etc. Good luck.

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