Do I need a family lawyer?

Asked 11 months ago - 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. Steven P. Shewmaker

    Contributor Level 12

    1

    Best Answer
    chosen by asker

    Answered . 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. Glen Edward Ashman

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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... more
  3. Emily Su-Hwa Yu

    Contributor Level 14

    Answered . 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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