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

Q: How do I contest a request for legitimation and parenting time against my children's father.

He has no contact with the children in a few years now, he doesn't support them at all. He never calls it texts or writes them. He doesn't buy them things on birthdays or holidays. They are now teenagers 15&13. They don't even know him other than when they were younger. I have had the children now for eight years

2 Lawyer Answers
Regina Irene Edwards
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Answered

A: You can object to the legitimation. If he has abandoned his opportunity interest in ceing a parent, the judge can deny the legitimation. You are going to want to hire an attorney for this.

A: Although you may object to the legitimation, if the Court determines that it is in the best interest of the children that they develop a relationship with the non-custodial parent, and he addresses the Court regarding his desire to become a part of their lives, the Court may still grant the action to legitimize. However, you will be able to address the Court regarding your reasons for objecting, and if the legitimation is granted, you can provide the Court with evidence and testimony regarding child support, custody & visitation. If the legitimation is granted the Court will order child support, and they may give the father some visitation on a graduated basis. Yet, if the children do not want a relationship with the father, I would advise petitioning the Court to have a Guardian Ad Litem assigned to the case, who will be able to speak for your children and their wishes. This is going to be a complicated case, given that you are contesting, and I would strongly urge you to hire an attorney.

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