 |
My husband has a 3 yr old daughter that he pays child support for and he sees her every other weekend. Well now the baby mama is going crazy and doing unnecessary stuff to drive him crazy and he is trying to get visitation rights and have less to do with the baby mama. So how can he go about getting legitimized in the state of ga? He didn't sign the birth certificate but a dna test was done to determine she is his. Any help would be great thanks.
Does he pay support ordered by a court? If he has not been to court, then that's what he needs to do. He needs to file for custody and visitation with the court system.
If the DNA test was not ordered by a court another will probably be ordered. But everything has to be done through the courts.
The Georgia statutes seem to contain two ways to do it:Quote:
Originally Posted by febev20
"§ 19-7-21.1. "Acknowledgment of legitimation" and "legal father" defined; signing acknowledgment of legitimation; when acknowledgment not recognized; making false statement; rescinding acknowledgment
...
(b) Prior to the child's first birthday, a father of a child born out of wedlock may render his relationship with the child legitimate when both the mother and father have freely agreed, consented, and signed a voluntary acknowledgment of paternity and an acknowledgment of legitimation ...
(c) Voluntary acknowledgment of legitimation shall not be recognized if:
...
(6) The child is one year of age or older.
(d) If any of the circumstances described in subsection (c) of this Code section exists, the provisions of Code Section 19-7-22 shall be the only method of legitimation."
Section 19-7-22 has to do with a petition that the court determine legitimacy. Since the child is more than one year of age, that, as ScottGem has indicated, is the only way to do it.
It was actually done with the New Jersey child support and that's who he pays to they did the DNA but now the child lives n ga but nj is who he deals with as far as child support. So do I need to contact court where she lives in ga or us?
First when posting a follow-up question or info, please use the Answer options at the bottom of the page rather than the Comments.
So the NJ courts declared him the legal father? Why NJ? You say the child is in GA now? Are you also in GA or in NJ? We need to know the history here to further advise you.
Quote:
Originally Posted by febev20
If New Jersey ordered him to pay CS for a child living in Georgia, that doesn't make the child legitimate. OP for some reason is concerned about getting the child "legitimized". I don't think the New Jersey courts could do that, unless perhaps the father is domiciled in New Jersey. As far as the "conflict of laws" issues involved with legitimacy are concerned, I don't know if there is any clear answer.Quote:
Originally Posted by ScottGem
- The state where a child is born and continues to live would clearly have jurisdiction.
- If the child is born in one state, lives in another, and the father lives in a third state, it's an open question.
The Georgia statute regarding a court petition I referenced earlier suggests that the Georgia courts would have jurisdiction:
"§ 19-7-22. Petition for legitimation of child; ...
(a) A father of a child born out of wedlock may render his relationship with the child legitimate by petitioning the superior court of the county of the residence of the child's mother or other party having legal custody or guardianship of the child; provided, however, that if the mother or other party having legal custody or guardianship of the child resides outside the state or cannot, after due diligence, be found within the state, the petition may be filed in the county of the father's residence or the county of the child's residence"
It is not clear whether the father lives in New Jersey. If the OP will confirm this, I will try to have a look at the New Jersey statutes to see if New Jersey courts also might have jurisdiction.
| All times are GMT -7. The time now is 11:47 AM. |