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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27686
Experience:  25 years experience as practicing attorney
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I would like to know how to apply for visitation of my son

Resolved Question:

I would like to know how to apply for visitation of my son in georgia!
Submitted: 1 year ago.
Category: Family Law
Expert:  Dave Kennett replied 1 year ago.
-Could you explain your situation a little more?
Are there any court orders for visitation?
Were you married to the mother?
Who filed for the child support and did you participate in the case?
Customer: replied 1 year ago.


no visitation orders at this point.... but child support in texas


no never married


mother filed child support and yes i did participate, case closed in march2013

Expert:  Dave Kennett replied 1 year ago.
Dear JACUSTOMER - You definitely have a right to get a visitation order for your child however if the child is now in GA you are going to have to have the case transferred to GA from TX if that is where it was originally filed. If the case was originally filed in GA but just enforced in TX then the case already exists in GA and you can simply file a motion under that case number. You would have to have the court set up a "long distance" visitation plan since it is unlikely you could visit every other weekend pursuant to a standard order of visitation normally granted by the court. This may require you to travel to GA for a hearing if the visitation cannot be worked out by agreement. Once the mother talks to an attorney she will find out that you have a right to visitation and may not contest the case or spend the money on a losing cause. The best way to initiate all of this is to get a lawyer in GA to handle the filing and pre trial discussions since the cost of travel back and forth may be more than the cost of an attorney to file a motion. I have no way of telling you the cost but you can contact several attorneys for a comparison of fees. The Bar Association can provide a referral to family law attorneys in the area where your child resides and you can start from there. I have provided the website for the Bar Association below for your convenience. You are permitted to do this on your own but due to the difference in jurisdiction and the distance involved I have to tell you that it will be very difficult. You absolutely have a right to visit so that is not the problem. Unless you take legal action, however, the mother can simply "stonewall" and refuse you your rights.Here's the website:
http://www.gabar.org/forthepublic/findalawyer.cfm
Customer: replied 1 year ago.

the orders were started in georgia and i want to file this myself.... i just want the standard and i just want it in writing.... do you know is child support office will have the info on what i need to do??


 

Expert:  Dave Kennett replied 1 year ago.
The child support office will have no information and child support and visitation and custody are all separate issues. If you want to file yourself you will have to prepare a motion for visitation and file it with the GA court where the initial case was filed. Some courts provide the public with forms for this purpose and some do not and I know of no standard forms for the state of GA. You can use the heading of the case with the court name at the top and the case number XXXXX parties listed below and title it "Motion for Visitation". Then below that you can state, "(your name) father of (child's name) hereby requests that this court issue an order for visitation of the minor child with the terms to be set by the court and further that a hearing be set for this matter". Then sign it and include your address and phone number and file it with the court. Most courts require that an affidavit if child custody and an affidavit of financial information also be filed with the motion so you would need to check with the clerk of courts in GA to see if they have those forms available. Most courts at least have the affidavits available. There will be a relatively small filing fee and you can file this by mail. You will have to also send a copy of what you file to the mother. the court will then set the matter for a hearing and you can testify as to your circumstances and what amount of visitation you are requesting. That should get your case into the court system and allow you to be heard on the subject. Once you file it may very well be that the mother will relent and offer you some visitation. If that is the case you still should have the agreement approved by the court as a visitation order so that you have something to enforce. Private agreements are not enforceable so you can't simply trust the mother to abide by some private agreement to allow you visitation.
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27686
Experience: 25 years experience as practicing attorney
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