Rights of legitimized father

[Sickofjason]

What is the name of your state (only U.S. law)? Georgia
The father of my son and I were never married; however, he was legitimized and is listed on the birth certificate. Is the father still responsible for child support? Also, does he have any custody or visitation rights?What is the name of your state (only U.S. law)?

 

[Proserpina]

What is the name of your state (only U.S. law)? Georgia
The father of my son and I were never married; however, he was legitimized and is listed on the birth certificate. Is the father still responsible for child support? Also, does he have any custody or visitation rights?What is the name of your state (only U.S. law)?

He's not responsible for child support until a court orders child support. Go ahead and file.

He can file for custody and visitation at any time, regardless of whether or not he's paying child support.

Nice screen-name, btw.

 

[Sickofjason]

When to file

Thanks for advice. I am currently in the process of having him served with papers from the childsupport recovery program. But he is threatening retaliation if served which I am documenting. My other question is whether I should wait until January to have him served as 2011 is the only year he has actually worked since our son was born in 2008; therefore, his tax returns are dismal for last year.

 

[TheGeekess]

He's not responsible for child support until a court orders child support. Go ahead and file.

He can file for custody and visitation at any time, regardless of whether or not he's paying child support.

Nice screen-name, btw.

Now, if Dad had not legitimized Junior, then he would not have standing to file for custody/visitation. But since he's done that, he has standing.

 

[Proserpina]

Thanks for advice. I am currently in the process of having him served with papers from the childsupport recovery program. But he is threatening retaliation if served which I am documenting. My other question is whether I should wait until January to have him served as 2011 is the only year he has actually worked since our son was born in 2008; therefore, his tax returns are dismal for last year.

You can request recent pay stubs; failing that you can request he is imputed a wage equal to at least 40 hours @ min wage.

 

[Proserpina]

Now, if Dad had not legitimized Junior, then he would not have standing to file for custody/visitation. But since he's done that, he has standing.

Indeed!

Georgia is quite delightfully odd in that way