Legal Question in Family Law in Georgia

I'm 17 and the man I call father is not my biological dad. He has taken care of me for 17 years although recently he and his wife have really irritated me and I'm ready to leave. His name is not on my birth certificate and I know exactly who my birth mother is. In fact, I visit her every summer. He has never legally adopted me but like isaid he has paid for my medical, insurace, food, clothes etc. What I want to know if legally I can leave him and go live with my birthmother.

Asked on 8/21/10, 10:22 am

2 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

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It does not matter whether this man is on your birth certificate or not -- the law doesn't establish parental rights through the birth certificate. If the man never went to court to "legitimate", then he is not your guardian, parent, or anything else other than someone who has been kind enough to give up his life to care for yours. Unless your biological mother involuntarily or voluntarily had her parental rights to you relinquished (through Court order), she is still technically your guardian.

My personal (non-legal) advice to you would be this: don't do anything until you have had a chance to bring your biological mother, this man you call his father, and his wife, together to have a discussion. You may find that your biological mother doesn't want the responsibility of caring for you other than during the summers. You may find that whatever the problem that's irritating you will be resolved with the folks you are staying with. My point is this -- don't act too rash. In less than a year, you will be 18 and can do whatever you want, live with whoever you want, etc. Don't burn bridges if it's not necessary.

Best of luck.******The above does not establish an attorney-client relationship and is intended for informational purposes only.******

Answered on 8/26/10, 10:34 am

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