Atlanta, GA asked in Child Custody and Juvenile Law for Georgia

Q: My sons father went and filed for petiton for legitimation and visitations/coustdy while i was in jail. Theres a court

Date set for next month but he took my son does he have the right to do that and not allow me to see him or can i take him back from him until the court date

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2 Lawyer Answers
Regina Irene Edwards
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Divorce Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: You need to hire an attorney to discuss your specific case. If you were in jail, it probably was best that he took custody for your son while you were unavailable to care for him.

Holly G Chapman
Holly G Chapman
  • Criminal Law Lawyer
  • Augusta, GA
  • Licensed in Georgia

A: A petition alone does not give a biological father who is not legitimated any rights over the child. However, it is possible that a temporary, ex-parte order was put in place while you were in jail. You should speak to a lawyer right away to help you sort through what actually happened while you were in jail.

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