My son just found out he is the father of a 2 year old little boy. He went to court this morning to start child support. What rights does he have as far a having the boy have his last name? She gave him the name of another guy. Visitation? Shortly after he got the DNA results back she took the boy to Texas we are in Georgia. He wants to have contact with his son and I would like to be in the boys life as his grandmother. I have 4 grandsons already but would love him to join in.
2 Answers from Attorneys
Much will depend on how long ago she left the State. If it has been more than 6 months, you would have to file something in Texas, and the rules as far as legitimizing and gaining any legal rights would be based on Texas Law. If you could retain jurisdiction in Georgia, your son would have to file a petition to legitimate the child, wherein he could seek visitation rights and to change the child's name.
The answer depends on when she left Georgia. If it's less than 6 months ago, he can sue in Georgia to legitimize the child, and seek visitation or custody and other relief. If it's over six months ago, he needs to ask a Texas lawyer.