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Can the mother take the child out of state after she has been served with by the sheriff for legitimation?
Wiki User
∙ 9y ago
No but she can file a motion of objection or opposition and let the courts take it from there. You cannot "refuse" any court proceedings or you will be held in contempt of court.
Wiki User
∙ 11y ago
Wiki User
∙ 7y agoIf you mean that the father has filed a petition to establish his paternity the mother should not flee the state. Her action would be held against her by the court.
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What type of statuette is an African pfemba?
mother and child
If you pay child support for 1 child and the mother remarries can you file for a decease in child support?
You can try, but the mother's new spouse isn't responsible for your child.
If father and child an US citizen and illegal mother is deported What happen to the child?
The child is an American citizen if the child was born on American soil. The child should be able to stay in the US with the father. Unless the mother takes the child with her. There could be a custody dispute between the mother and father, it should be what is best for the child.
How would you call a child who has no mother?
If the Mother is dead or absent, it is Motherless. If the child has no parents alive or around, then that child is an orphan.
If the fathers name is on the birth certificate does he have to pay child support if he and the mother aggree not to?
If the mother doesn't seek a child support order no one will make the father pay. However, keep in mind that the mother can always change her mind and get back child support in the future. If the child and/or mother are receiving any state assistance the father will be required to pay child support.Fathers are responsible for supporting their children. If the mother doesn't need the child support then she should put it in the bank for the child's collegeeducation.
Department of economics takes you to court for childsupport what right do they have in who has custody of the child mother never married child's dad?
In cases like this the mother is always considered first for custody, unless for some reason she is not fit to handle her duty as a parent. They will then look into the fathers situation to see if he is fit. Now if the mother and father of the child were never married then the father does not have rights to that child unless he goes through a process called legitimation. Legitimation is just the father claiming the child in a court of law which would then give the father rights to that child and the child can inhereit from the father. You do not have to go through legitimation if the parents were married. Hope this helps.
In the state of Georgia How do you legitimize a child if father is deceased and his name is on the birth certificate?
QUESTIONS AND ANSWERS ABOUT LEGITIMATIONSWHAT IS A "LEGITIMATION"?Legitimation is a legal action which is the only way, other than by marrying the mother of a child, that the biological father of a child born in the State of Georgia may establish legal rights to his child.WHO MAY FILE FOR LEGITIMATION?Only the biological father of a child may file a petition seeking to legitimate his child.WHAT IS THE LEGAL EFFECT OF A LEGITIMATION?An order of legitimation creates a father and child relationship legally between the petitioner and his child. An order of legitimation establishes that the child may inherit from his legal father and vice versa. An order of legitimation allows the legal father to be listed on the child's birth certificate as such. An order of legitimation is the only way that the father of a child born out of wedlock can be recognized as the legal father of a child and therefore can petition for custody and/or visitation with this child.If you are already listed on the child's birth certificate as the father, but you and the child's mother were not married to each other, you must still file a petition with the court to legitimate your child.Effective July 1, 2005, requests for custody and/or visitation may be included in your petition for legitimation.WHERE SHOULD THE PETITION BE FILED?The Petition for Legitimation must be filed in the mother's county of residence, the child's county of residence, in the county where any other person who has legal custody, guardianship, or if there is an adoption pending, in the county where the adoption was filed.An exception to where the action must be filed occurs if the mother of the child is deceased and there is no other legal custodian or guardian of the child. Another exception occurs when the mother has disappeared and must be served by publication but the minor child is living with you. In each of those cases, the action may be filed in the county where you live. As always, you may wish to consult an attorney.HOW MUCH DOES IT COST TO FILE FOR LEGITIMATION?The basic filing fee is $80.00 but you should confirm the filing fee with the Clerk of Superior Court. If the mother has not signed a consent and/or waiver of jurisdiction form, she will need to be served with the petition by the sheriff-this costs $25.00 for Fulton County; however, the Sheriff's office in which the petition is to be served will need to be contacted to determine the fee for that particular county. ["Service" is an official way to give notice to the mother, and other people involved with your case, that you have filed your case and that they have the opportunity to then file a response with the court.]If the mother has left the child with you and you do not know her address and you have tried but cannot find her, then you will have to serve her with the Petition by Publication. This means that the petition is written up and then published in the official county newspaper for the county in which you knew she last lived. This costs at least $80.00.If the mother was married to someone else when your child was born, or she has listed someone else on your child's birth certificate as the Father of the child you will also have to pay $25.00 to have the Sheriff serve that person with a copy of the Petition. If you don't know where that person lives, he will also have to be served by Publication.WHAT CAN I DO IF DON'T HAVE THE MONEY TO PAY THESE FEES?If you do not have the money to pay your filing fees and sheriff's fees, then you may ask the Court to allow you to file free of charge. This is called a Poverty Affidavit.You must make a written statement to the court about your monthly income and monthly expenses, and why it would be a hardship for you to have to pay the filing fees. The court will then let you know by a written order that you may file your case without having to pay.The county newspapers will not usually waive their fees so you will still have to pay for publication if it is necessary.HOW LONG WILL ALL OF THIS TAKE?The length of time depends on the facts of your case. There are several options for what can happen with your case:If custody is not an issue, and there is no other father listed on the birth certificate, and the mother has acknowledged service, then an Order for Legitimation can be heard by a Judge on the same day that you file it, and you may get your Order forLegitimation signed on the same day.If the mother or another father listed on the birth certificate must be served by publication, then the hearing cannot take place until after the publication is finished (at least 60 days).If the mother or another father must be served by the sheriff with the Petition to Legitimate, then the case will be placed on a Judge's calendar by his/her calendar clerk.If custody or visitation is to be an issue, then your case may be contested and may require more than one hearing. THE EXCEPTIONS TO THIS RULE ARE IF THE MOTHER IS DECEASED AND THERE IS NO OTHER LEGAL PARENT OR GUARDIAN, OR IF THE MOTHER CONSENTS TO CUSTODY.
Will legitimation change the amount of child support received?
Paternity must be established before child support is awarded. Therefore, it would be unlikely that "legitimation" would change the amount of that support.
What custody do a father have in Georgia not married?
If a child is born out of wedlock in Georgia, the father must file a petition seeking legitimation through the courts to become the legal father. Putting a name on a birth certificate is not sufficient. In the legitimation proceeding, the court has the authority to make custody determinations. If the father has not filed for legitimation, he is a legal stranger to the child, and has no rights to custody.
How are child support papers serve in North Carolina?
The summons will be served by the sheriff department of the county where the non custodial parent resides.
What is legitimation?
It refers to lawful birth. The assurance the child is who she is purported to be, and also the establishment of maternity and paternity.
What are the release dates for The Sheriff's Child - 1913?
The Sheriff's Child - 1913 was released on: USA: 22 January 1913
how do i answer the paragraphs in a superior court summons for child support in georgia?
I am the Respondent and am representing myself in this legitimation action.
What are the release dates for The Sheriff's Adopted Child - 1912?
The Sheriff's Adopted Child - 1912 was released on: USA: 16 October 1912
What hobbies and interests did Mother Teresa have as a child?
She loved to read books about the lives of the saints, especially of those who served as missionaries.
Who has right a child if the mother and father both sign the birth certificate?
It depends on the state. In some states, a father who is unmarried to the mother acquires legal rights by signing the birth certificate. In other states, signing the birth certificate conveys no legal right, and the father still must proceed with a legitimation or paternity proceeding in order to become the legal father.
Can an illegal alien get deported if he gets served with child support papers?
Perhaps, but the mother should also be charged for harboring an illegal alien.
