My son was born in Summit County Ohio. Before my son turned five, his mother took him to Georgia. Georgia children services removed my son f...

Question

My son was born in Summit County Ohio. Before my son turned five, his mother took him to Georgia. Georgia children services removed my son from her home, and placed him with her exes mother. They told me to get legitimized, so I can establish my fathers rights, so I can get my visitation, and eventually custody. How do I go about doing this?

Answer

The first thing you need to do is to establish your relationship with the child in the eyes of the law. If you were married to the child's mother when he was born, then there is a legal presumption that you were the father. You have only to show your marriage certificate and show that there has been no divorce proceeding completed before the child was born.

If you were not married to the child's mother at the time he was born, then you may still have been listed on the child's birth certificate when he was born. Otherwise, you will have to take a paternity test to show that you are the father.

Since the child has been in Georgia for all these years, you will have to go to Georgia, likely to the county the child is in there, and file an action to establish your paternity in the juvenile court. But I am an Ohio lawyer, not licensed to practice in Georgia, and I can't give you legal advice on that. You should contact a Georgia attorney to see what the process is down there.