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
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
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
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.