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How can I find out if my daughter's "dad" was legitimized *or whatever its called*...

Duluth, GA |

I went through Child Support Enforcement to have a support order established. I live in GA and at the time he lived in FL. That was back in 2007. We both agreed that she is his child, so there was no DNA test. He is now being held in contempt for never paying his child support and is threatening to take me to court for visitation now that the court is going to try and make him pay it. I was told he would have to legitimize her before filing for visitation. Didn't that have to happen before a child support order could be put in place?? How can I find out if he/she was legitimized back then???

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Attorney answers 1


If you have always lived in georgia, he would have to actually file a court case to legitimate the child. You would have been served with a copy and been given notice if a hearing. A child support case may establish paternity, but it does not give him any rights, such as visitation. Technically, this is because the child support case is file on behalf of the child and you are not a party; therefore, he could not counterclaim for rights. If you ever lived in Florida, he may have filed something to legitimate there, but you would probably have been made aware when he did so, but Florida law may be different. If he does file a legitimation petition, yo should hire an attorney to make sure your control over the situation and your own rights are protected.

The above information is general in nature. In order to obtain more specific legal advice upon which to base your important decisions, you should consult with an attorney in person and retain one of your choosing. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP Website: or EMAIL: PHONE: (770) 307-4899 or (770) 538-0555 OFFICES: 53 W. Candler St. Winder, Ga. 30680 106 Washington Street Jefferson, Ga. 30549 718 Oak St. Gainesville, Georgia serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation