Legal Question in Family Law in Georgia

Does a father who is not legitimized or on the birth certificate and is not paying child support get to have his son for the holiday. Would it look bad to a judge if he doesn't get that time?

Asked on 12/17/15, 1:11 pm

1 Answer from Attorneys

Harold Holcombe Harold D. Holcombe, P.C.

Just because a father's name is on the birth certificate in Georgia doesn't legitimate a child. The Father has to go through the Superior Court of the county where the child is located and legitimate the child. Once legitimated the father has the same rights as any parent and can ask for visitation or even custody. Until this is done, the father has no legal rights, which includes access. The bad part is that the father still has a "duty" to pay child support. So you have to pay, but you don't have any access rights. Legitimate the child as soon as possible, get a court order, and you will have rights. However, be prepared to pay child support when you do this, as this will be in the order too.

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Answered on 12/17/15, 1:18 pm

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