Do you have to legitimate a child in Georgia if she was not born in Georgia?

Asked over 4 years ago - Stone Mountain, GA

The child was born in South Carolina and paternity was established at bith. At the age of five months she moved to georgia with her father. The mother decided that she wanted to take her at the age of 18 months to live with her still in Georgia. The police came and said because she was not legitimated in georgia the father had to give her to the mother, though no custody was ever ordered.

Attorney answers (1)

  1. Answered . I'm taking it that the mother and father are now separated. It sounds like the father signed the birth certificate, which does make him the presumptive father. However, it also sounds like there is no formal agreement between the mother and father regarding custody and child support. If the father is interested in obtaining formal rights to his daughter, then I would suggest that he file a formal Petition for Legitimation, Custody and Child Support.

    Without a formal order, he may be the presumptive father, but he also may not have any formal and enforceable visitation rights. I strongly suggest that you work with an attorney in developing a parenting plan that will enable the father to spend time with his daughter. The specifics of the parenting plan including visitation and child support can be negotiated with the mother and depends upon a number of different circumstances.

    Where does the father currently live? Where does the mother currently live? Are both the mother and father employed? There are a number of specific questions that need to be answered, before an attorney will be able to specifically address your needs. I suggest that you contact an attorney as soon as possible to discuss things further in a private and confidential setting, so that you can get some advice about your best legal options depending on your needs and circumstances.

    Many attorneys, like those at my firm, offer free initial consultations so that you can get a better understanding of the steps and costs involved.

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