Legal Question in Family Law in Georgia

child custody if parent not biological

i am seeking a divorce in the very near future and would like to know if my soon to be ex-husband will be able to petition for any visitation rights?


Asked on 5/14/05, 9:57 am

3 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: child custody if parent not biological

After answering I noticed these words in the title: "child custody if parent not biological" which were not in the text of your question.

If your husband is not the biological or legal father he would not get visitation. He can be the legal father even if not the biological one if (a) he adopted the child or (b) if the child was conceived or born during the marriage (as his paternity is presumed).

If he is the legal or biological father, see my previous answer.

Read more
Answered on 5/16/05, 1:30 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: child custody if parent not biological

Probably 99%+ of all divorces with children excluding publication ones include visitation, and judges these days prefer liberal visitation and/or joint custody. Usually the only divorces with no or supervised visitation tend to be ones where there has been child abuse or molestation or spousal abuse.

No one, without knowing the details of your case, can answer you, but I should caution that fighting visitation when it should be granted may cause a judge to reconsider a parent's fitness to have custody, so if you're opposing it for reasons other than danger to the child, you would want to rethink that position.

Read more
Answered on 5/14/05, 10:57 am
Charles W. Field Charles W. Field, Attorney at Law

Re: child custody if parent not biological

Assuming your husband is the father of the child(ren), he certainly will be granted visitation unless he is an unfit parent, lives in a vile or dangerous environment, etc. You should consult with a local attorney to review all the facts of your situation. I take it that you, as the mother, are concerned about his having visitation. You need to explain the basis of your concern with the consulting attorney.

Read more
Answered on 5/14/05, 1:06 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Georgia