[Helpme_B]

In the state of GA (child and mother lives) can the courts force a mother to allow the father to legitimize the child if there is no court order for the father to pay child support, the mother does not get welfare, the father does not work at this time, but the father puts $50 in the mothers bank account every now and then. During the entire life of the child, the father only worked 6 months total. The father never wanted to change the child's last name and never wanted his name on the birth certificate until now. Also, if the mother allows the father to visit from time to time at her house or in the residing state of the child and talk on the phone, will the courts force her to allow the child to visit the father in his state of residency (NC)? The father's name is not on the birth certificate at this time and the child is 6 years old.

[AK lawyer]

... can the courts force a mother to allow the father to legitimize the child ...

Can the courts force the mother to marry the father? No. But Georgia has other ways a bastard child can be legitimized by the father, and although the mother can object, why would she want to?

"O.C.G.A. § 19-7-21.1 (2011)
§ 19-7-21.1. "Acknowledgment of legitimation" and "legal father" defined; signing acknowledgment of legitimation; when acknowledgment not recognized; making false statement; rescinding acknowledgment
(a) As used in this Code section, the term:
(1) "Acknowledgment of legitimation" means a written statement contained in a voluntary acknowledgment of paternity form indicating that a mother and father of a child born out of wedlock have freely agreed and consented that the child may be legitimated.
(2) "Legal father" means a male who:
(A) Has legally adopted a child;
(B) Was married to the biological mother of that child at the time the child was conceived or was born, unless such paternity was disproved by a final order pursuant to Article 3 of this chapter;
(C) Married the legal mother of the child after the child was born and recognized the child as his own, unless such paternity was disproved by a final order pursuant to Article 3 of this chapter;
(D) Has been determined to be the father by a final paternity order pursuant to Article 3 of this chapter;
(E) Has legitimated the child by a final order pursuant to Code Section 19-7-22; or
(F) Has legitimated a child pursuant to this Code section
and who has not surrendered or had terminated his rights to the child.
...

... Also, if the mother allows the father to visit from time to time at her house or in the residing state of the child and talk on the phone, will the courts force her to allow the child to visit the father in his state of residency (NC)? ...

Probably not. If the father is able to establish a father-child relationship with the child, future visits would be more feasible, but an out-of-state visitation order is not guaranteed by such limited visitation now.

[Helpme_B]

Thanks!
The money that the father places in the mother's bank account, is that considered as child support even though it is not court ordered or is that considered as a gift? In other words when the parents go to court, can the father say "I have been giving her money in her account, so I am paying child support."

[AK lawyer]

Thanks!
The money that the father places in the mother's bank account, is that considered as child support even though it is not court ordered or is that considered as a gift? In other words when the parents go to court, can the father say "I have been giving her money in her account, so I am paying child support."

The father would have a good argument that it should count as child support, although the mother might argue that it's a gift. But if it's not court ordered, and no CS motion is pending, I don't know that the mother can ask for retroactive CS anyway.

[ScottGem]

Most likely the courts would consider the payments as gifts. But that would not be an issue if there was never an application for support.

A father always has rights, he just needs to go to court to enforce them.

[excon]

In other words when the parents go to court, can the father say "I have been giving her money in her account, so I am paying child support."

Hello H:

The father can say it, but the judge isn't going to buy it. Putting $50 in her account "every now and then", ISN'T supporting your children.. They need to eat MORE often than every now and then.

excon

[Fr_Chuck]

In Georgia it is not child support unless there is a court order for child support, Georgia will seldom allow or order support before the date it is filed for.