Do I have the legal right to not follow visitation guidelines in the future, if my son’s father obviously has no desire to follow them now?

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Do I have the legal right to not follow visitation guidelines in the future, if my son’s father obviously has no desire to follow them now?

My son is 11 months old. His father and I haven’t been together since I was 5 months pregnant. He signed a paternity affidavit giving me full legal custody. I have yd him to follow parenting guidelines for visits, and he still only sees our son 2 days a week for 3 hours each day. Has never asked to see him on a holiday, not even on Father’s day. He lives in a small apartment with his parents and 2 other children.

Asked on December 16, 2012 under Family Law, Indiana

Answers:

Anthony Van Johnson / VANJOHNSON LAW FIRM, L.L.C.

Answered 8 years ago | Contributor

If you and your child's father were not married at the time of birth, he has no legal rights whatsoever until he legitimates your child in the Superior Court.  He is; however, required to pay child support.  Further, unless the two of you were married at the time the child was born, in Georgia you automatically had sole legal custody of your child.  So, without knowing more details, it appears that the father has no legal rights whatsoever, including visitation.  If you contact my office with more details, I can provide a more detailed response to your question.


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