Columbus, GA asked in Child Custody, Child Support and Family Law for Georgia

Q: Can a father take a mother to court for visitation rights. When the father is backup on child support,

The father don’t volunteer to do nothing for child skips months without paying child support. Backup on child support. Had baby out of wedlock. Never been married, and father mad cause I said child couldn’t go on a family vacation so he want to take me to court, but haven’t did anything.

2 Lawyer Answers
Regina Irene Edwards
PREMIUM
Regina Irene Edwards
Answered
  • Divorce Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: He has the right to file for legitimation and parenting time.

Naja Burroughs
PREMIUM
Naja Burroughs
Answered
  • Divorce Lawyer
  • Duluth, GA
  • Licensed in Georgia

A: Although it's frustrating to not receive regular, dependable financial support for your child, the courts do not condition visitation upon payment of child support. This means that a parent can regularly fail to help support his/her child, yet still be entitled to spend time with that child. This is because courts often find that it is in a child's best interest to spend time and develop a relationship with each of his/her parents.

So, to be clear: yes, a father can take a mother to court for visitation rights. I just want to add that because you were never married, he would need to be legitimated by the court at either the same time that he gets his visitation rights or before.

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