Can the mother deny the father and his family visitation rights?

Asked over 1 year ago - Atlanta, GA

The father and mother are not in a relationship. The father's family paid to have DNA testing done and it came back 99.9% postive. He went back and signed the birth certificate. The father have been a part of the child's life. The mother is upset because she wants a relationship and he never did. Now the mother is denying the father and his family the right to see the baby. Can she do that? If so, what can be done?

Attorney answers (3)

  1. Jill Marie Ganser Byers

    Contributor Level 7

    2

    Lawyers agree

    Answered . Being on the child's birth certificate does not give the father visitation rights. In order to obtain visitation rights, the father needs to file a petition for legitimation. He should meet with an attorney to discuss his options.

  2. Jacquelyn F. Luther

    Contributor Level 12

    2

    Lawyers agree

    Answered . It is good that he has done the DNA testing and signed the birth certificate. Now he needs to file a petition to legitimate the child, to establish visitation or custody, and to establish the support obligation. That has to be done through the court. The mother has all rights concerning the child until such time as the father has legitimated the child. The thing he needs to do immediately is to schedule an appointment with an attorney to prepare the legitimation and get moving.

    This information is of a general nature and is not intended to be relied upon as legal advise. You are encouraged... more
  3. Glen Edward Ashman

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Signing the birth certificate does not give him any rights. He needs to get a lawyer, petition the Superior Court for legitimization, and can seek visitation (or custody).

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more

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