Question about legitimization

[jandp4ever]

What is the name of your state (only U.S. law)? GA

My son is now 16. By his father's choice, he has never had anything to do with him except for about 9 months when my son was 11. My son has spent one night at his house. His father has always had my phone number and known where I live. I have his father's phone number. I have kept him updated on big medical events in my son's life such as the current back problem he has that turned out to be more than just a normal back injury.

He is not on my son's birth cert by his choice and was not present during the pregnancy and birth. While my son was younger, the few times he did call I would semi-monitor the calls due to some lies that were told to my son. He has not called now in 3 or 4 years to talk to S. I recently got a letter from a lawyer that he intends to legitimize him and exercise his full paternal rights. He has had no contact in this long and my son is of the opinion that "why now when I am almost grown. I don't want to see him now Mama. Don't make me do this."

Is there a way that my son's wishes can be heard? He wants to know why now, and why come back after all these years. You walked out one time, are you going to walk out again. Right now if he see's S in town he completely ignores him like he does not exist.

Your advice is appreciated.

 

[HomeGuru]

What is the name of your state (only U.S. law)? GA

My son is now 16. By his father's choice, he has never had anything to do with him except for about 9 months when my son was 11. My son has spent one night at his house. His father has always had my phone number and known where I live. I have his father's phone number. I have kept him updated on big medical events in my son's life such as the current back problem he has that turned out to be more than just a normal back injury.

He is not on my son's birth cert by his choice and was not present during the pregnancy and birth. While my son was younger, the few times he did call I would semi-monitor the calls due to some lies that were told to my son. He has not called now in 3 or 4 years to talk to S. I recently got a letter from a lawyer that he intends to legitimize him and exercise his full paternal rights. He has had no contact in this long and my son is of the opinion that "why now when I am almost grown. I don't want to see him now Mama. Don't make me do this."

Is there a way that my son's wishes can be heard? He wants to know why now, and why come back after all these years. You walked out one time, are you going to walk out again. Right now if he see's S in town he completely ignores him like he does not exist.

Your advice is appreciated.

**A: yes, your son's wishes can be heard in Family Court.

 

[LdiJ]

What is the name of your state (only U.S. law)? GA

My son is now 16. By his father's choice, he has never had anything to do with him except for about 9 months when my son was 11. My son has spent one night at his house. His father has always had my phone number and known where I live. I have his father's phone number. I have kept him updated on big medical events in my son's life such as the current back problem he has that turned out to be more than just a normal back injury.

He is not on my son's birth cert by his choice and was not present during the pregnancy and birth. While my son was younger, the few times he did call I would semi-monitor the calls due to some lies that were told to my son. He has not called now in 3 or 4 years to talk to S. I recently got a letter from a lawyer that he intends to legitimize him and exercise his full paternal rights. He has had no contact in this long and my son is of the opinion that "why now when I am almost grown. I don't want to see him now Mama. Don't make me do this."

Is there a way that my son's wishes can be heard? He wants to know why now, and why come back after all these years. You walked out one time, are you going to walk out again. Right now if he see's S in town he completely ignores him like he does not exist.

Your advice is appreciated.

At 16 your son's wishes can definitely be heard in court, as the previous poster stated...particularly in a situation like this one where the father never legally established paternity or legitimization, and has been absent from the child's life for several years.

However, its going to depend on the judge and the judge's attitude about everything. Some judges won't force a 16 or 17 year old into scheduled visitation (when its never existed before and particularly when paternity is newly established) and some will.

No matter what happens, when your son turns 18 its completely his decision. I would ignore the letter from the attorney and wait and see if dad actually files anything.