What can happen if my grandson was not legitimized? 3 Answers as of June 21, 2011

My son has an 8 year old son that has not been legitimized and there has never been a court order for child support. However, he pays child support for him every week. He did have a DNA test on his own and the child is his. She says she is getting a warrant for abandonment because he won't keep him all summer, can she do that?

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Meriwether & Tharp LLC
Meriwether & Tharp LLC | Patrick Meriwether
In Georgia, your son has no legal rights to his son without a Legitimization Order. If he is voluntarily paying support for a child he has not legitimized, he is not guilty of abandonment if he does not take his son full time this summer. That does not prevent her from going to Court and lying.
Answer Applies to: Georgia
Replied: 6/21/2011
Law Office Of Jody A. Miller
Law Office Of Jody A. Miller | Jody A. Miller
Under Georgia law, criminal "abandonment" generally refers to non payment of child support, so if he is financially supporting the child, he should be ok. In fact, under Georgia law your son has no rights to the child if he has not been legitimated, so there would be no way to "force" him to keep the child.
Answer Applies to: Georgia
Replied: 6/21/2011
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
Abandonment deals with the failure to pay support, so no.
Answer Applies to: Georgia
Replied: 6/21/2011
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