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

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. 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. 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 to contact and discuss your matter with an experienced attorney to more specifically address your legal needs.

  3. 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 communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.

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