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Do I need a family lawyer?

Atlanta, GA |

My daughter's father is taking me to court for visitation. But I didn't deny him visitation, I am not comfortable with him taking her away by himself. She is 6 months old and he has seen her twice since she has been born. I have not receive any child support yet. But I did file the paperwork.

Attorney Answers 3


  1. Best answer

    1. If the father is already taking you to court, he can only be doing this through a petition for legitimation.

    2. You need to answer his petition. In your answer you need to acknowledge his paternity and plead for gradual visitation based upon (a) your child's very young age (The child has never been apart from you overnight, I assume.) and (b) the father's very limited interest and exposure.

    3. This plea really stresses the child's best interest. Rather than thrust your child into his unfamiliar and inexperienced hands, you suggest a gradual and incremental exposure starting with a couple of hours on a Saturday in your presence. Ultimately and over weeks or months, this matures into an every other weekend scenario.

    4. You also need to plead for regular child support and medical and work related child care expense sharing.

    Finally, you will need an attorney to help you put your best foot forward. Your child's best interest is worth it.

    Good luck


  2. You definitely need to see a lawyer ASAP The court will likely be determining not just visitation, but custody, support, health care, a parenting plan, etc.

    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 geaatl@msn.com . 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. Note that I am only licensed in Georgia and thus cannot practice in other states. 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.


  3. Yes you need an attorney! It sounds like you were not married when your daughter is born so the Father may be filing to legitimate the child which will establish him as her father, give him parental rights including the right to visit, and address child support. You will want to work with an attorney to help create a parenting plan with the Father that outlines his time with her and your time. If you have started a child support case through Georgia Child Support Services, you may have to terminate that case to pursue it in the civil case now. Please call an attorney ASAP!

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