Legal Question in Family Law in Georgia

My current wife has a six year old daughter which she had out of wedlock. The then suspected father is not now the suspected father but he is on the birth certificate. We live in Georgia and he has not been legitimized as required by state law to have any rights at all. What initial course of action can we take to have his name removed from the birth certificate (some sort of petition for paternity)? Also, in the meantime do we have any way of obtaining a passport for our daughter without his signature because we were planning to spend Christmas in Europe?

Jon


Asked on 7/10/12, 6:14 am

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

For him to be on the birth certificate, your wife and the "bio-dad" had to make a false statement on state forms claiming the man was the father. That's not easy to fix.

To remove him, it would require a case in Superior Court and you definitely need a lawyer. A court would almost certainly require DNA testing to disprove paternity. Since a court may be reluctant to remove one person without adding the real parent, the case has a better likelihood of success if she identifies the real parent and he also is tested.

Alternatively, if you wished, you might consider a step-parent adoption to become the legal parent and be placed on the birth certificate. That certainly requires a lawyer and will also have to address the paternity question, likely with two men both getting notice.

Federal law will make it almost impossible to get a passport without his signature. Given the timing of your trip, you may possibly not get a passport done in time. Feel free to call me at 404-768-3509.

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Answered on 7/10/12, 6:37 am


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