Legal Question in Family Law in Georgia

I am engaged to a single mother. She has a 6 month old daughter. The biological father has had minimal contact with the child, as well as provided very little financial support. He refused to sign the birth certificate.

I signed the birth certificate, and have been raising the child with my fiance. We have planned to move to Seattle for my career. Now, the biological father wants to fight for custody. Is there anything we can do?


Asked on 8/29/10, 4:42 pm

2 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

Signing the birth certificate has bearing on custody, visitation, or other parental rights in Georgia. If the biological mother is married at the time of birth of the child, the father (whether the biological father or not) is automatically considered to be the father.

You should contact a Georgia family law attorney for guidance regarding your specific situation, but in all likelihood, once you marry the father your best bet will be to have him adopt the child. You can and should fight the biological father for custody. The court will appoint a Guardian Ad Litem to determine whether the father having any custody or visitations rights will be in the best interest of the child. Certainly, the amount of time and interest the father has shown thus far in the child's life will be an issue.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.********

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Answered on 9/03/10, 4:57 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Your post indicates that you committed a felony in signing to place false information on a birth certificate. Your fraud has greatly complicated things in what would have been a simpler case without the fraud.

See a lawyer ASAP.

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Answered on 9/03/10, 5:50 pm


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