QUESTION

What are my rights for visitation?

Asked on May 28th, 2014 on Child Custody - Georgia
More details to this question:
Paternity was just established two years ago for my Daughter who at the time was 9 years of age. Her mother is refusing to allow me visitiation. She did however for a month or two after paternity was establish, allowed me supervised time with her. There is a child support order in place. She has always told me that the child was not mines and even yesterday said the same thing. I just want to be able to have a relationship with my child, which I have been denied in the past. I live in Alabama now and my child is in Georgia.
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1 ANSWER

Because paternity was established two years ago, the court should have passed an order declaring your daughter legitimate.  When legitimation has occurred for a father-child relationship, either parent is entitled to have visitation rights.  Typically, the trial court may award visitation privileges.  If the supervised visit was established by the court, then your child’s mother is required to follow the court order.  On the other hand, if the supervised visitation was an established agreement between both parties, there is no way to enforce it. You have the right to go back to the trial court to have the visitation order enforced if visitation was ordered as a part of the paternity suit.  For a consultation contact me at info@dmccallalaw.com or by phone at (678)883-2560   O.C.G.A. § 19-7-22 (c) O.C.G.A. § 19-7-22 (f.1) O.C.G.A. § 19-7-52 Turman v. Boleman, 235 Ga. App. 243, 510 S.E.2d 532 (1998).  
Answered on Jun 12th, 2014 at 11:49 AM

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