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JPEsq.
JPEsq., Lawyer
Category: Family Law
Satisfied Customers: 5106
Experience:  Published articles on family law, featured in several publications for successful trial work.
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I have a legitimacy case in Waynesboro, GA that has been open

Customer Question

I have a legitimacy case in Waynesboro, GA that has been open since 2006. The father of my child has since moved to Michigan and has been living there for two years. I want to get this open case taken care of. I don't have too much money to spend trying to close this, my husband and I just want this weight off our shoulders. I have lived in North Augusta, SC since 2006 and I am not sure how to go about my whole process... do I need a SC attorney? Could this case be moved closer than an hour trip away? I would like to have this handled all in one trip and without the "runaround".
Submitted: 6 years ago.
Category: Family Law
Expert:  JPEsq. replied 6 years ago.
Sorry, what do you mean by "Legitimacy case"? Is this a paternity case? Does the father deny paternity, what is the issue?
Customer: replied 6 years ago.
The county clerk wouldn't answer any real questions I had about the case, which I am sure is her job. I was 16 when I gave birth to my daughter. Her father and I never married and he never wanted anything to do with her after she was born. There was a custody dispute and he was advised by Jerry Daniels to file for legitimacy so he could hand his custody over to my uncle. The judge was aware of this and pushed the legitimacy case off until the custody dispute was over. My daughter does reside with me.
Expert:  JPEsq. replied 6 years ago.

I see. This is what is usually called "establishing legal paternity."

 

He cannot do anything until he is legally recognized as the father. It is his case. You can file a Motion to Dismiss for failure to prosecute, but this might re-awaken his interest in the case. But if you want it over with, just file a Motion to Dismiss for failure to respond or prosecute.

 

Since you are married now, your best option is probably to file a Petition for Adoption in your current county (for your husband). If you can get this done, it will put an end to any paternity cases in the future.

JPEsq. and 4 other Family Law Specialists are ready to help you
Customer: replied 6 years ago.
Could you refer any websites that could give me some information on how to file a motion myself?
Expert:  JPEsq. replied 6 years ago.

I don't know of any websites that would provide that info specifically. But it is easy- Just copy the heading off of anything filed in the case. Title it "Motion to Dismiss" and just write something along the lines of "Comes now, Mother, pro se, and moves the Court to dismiss the cause herein, for the reason that Petitioner has failed to timely prosecute his action, and it has been 3years since any action has been made."

 

Sign it, serve a copy to the father, and mail it to the court.

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