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LAW CALL RECALL: Legitimation and Custody

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Attorney Ashley M. Brodie recently appeared as a guest host on the popular Macon television show, Law Call. Airing every Sunday evening at 11:35 p.m. on channel 13WMAZ, Law Call is a live television program where callers call in to have their legal questions answered. Ashley has appeared several times as a guest host, answering questions about divorce, child custody, custody modifications and other family law topics.

Over the next few weeks, we are going to provide a quick question by question recap of the questions Ashley was asked and her detailed responses to those family law and child custody questions.

PART 1 OF 3:

One of the first questions Ashley received on Law Call involved legitimation and child custody.


The mother of two children called in and stated she had never been married to the father of her children. The father had never gone to court to legitimate the children. The mother allowed the father to have regular visitation with the children despite not being required to by any court order. During recent visitations, the father started to create a toxic situation by telling the oldest child he was going to get custody of that child and that child was going to have to start living with him. Also, the father had never paid any child support for the care of his children even though they were 8 and 10 years old.


What should I do? I don’t have money to hire an attorney, but I don’t want to lose custody of my children either.


In Georgia, a father of children born out of wedlock (when the mother and father were not married) has NO legal rights to his children unless he has gone to court to have the children legitimated, have custody established and a visitation schedule established.

NO legal rights means just that.

NO required visitation.

NO physical custody rights.

NO legal custody rights. 

In Georgia, the father must first file a petition to legitimate his children and then go to court to have the legitimation granted before he is legally able to exercise any rights to his children.

Even though this father has no legal rights to the children, HE STILL OWES CHILD SUPPORT!

See what Ashley suggested the caller do about child support: 

Ashley suggested to the mother that she should open a child support case with Georgia Child Support Enforcement to have the father start paying child support for his children. The costs to open a child support case is minimal and Georgia Child Support Enforcement will file all the necessary paperwork on behalf of the children and mother.

Ashley also suggested to the mother that she may want to reconsider allowing the father to see the children when he has not stepped up as a father to have his children legitimated, has not paid a penny in child support and is creating a toxic environment for his children to grow up in.

Still have questions about legitimation and child custody? 

Click on the links below to learn more:

Legitimation Rights in Georgia

Paternity and Legitimation Questions and Answers

Child Custody in Georgia

Child Custody Questions and Answers

Macon Legitimation and Child Custody Attorney

Contact Ashley M. Brodie at (478)-239-2780 to schedule a confidential consultation and to get started on your own case. Ashley helps clients throughout Macon with their legitimation needs, including paternity, child custody and visitation rights.

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