Legal Question in Family Law in Georgia
My grandson's parents weren't married when he was born. He has his father's last name. Ordered to pay child support through Child Support Recovery here in Gerorgia. He has only paid one month. That was in September 2009. None since. DNA test that they had done proved he is his father's child by 99.9%. My Question is this: Does father have any legal rights where this child is concerned should anything happen to my daughter(God forbid)?
2 Answers from Attorneys
In Georgia, for legal rights to vest in the biological father, one of 2 things must happen: (i) the biological father must be married to the biological mother at the time of birth, or (ii) the biological father must "legitimate". With that said, if something should happen to your daughter, the biological father would be the most obvious choice for child custody, unless the Court were to be convinced that it is not "in the best interest of the child." The "best interest" standard controls in child custody cases. In Georgia, grandparents have limited rights to pursue child custody of grandchildren.
I would strongly recommend that you hire a Georgia family law attorney. If the father has not timely paid, this will likely be an ongoing problem. An attorney who understands your daughter's situation from start to finish will be more informed and cheaper in the long run.
Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******
Phillip's answer is excellent.
She definitely needs to discuss her options with a lawyer. She also needs to prepare a will and name a guardian. If she's in or near Atlanta, have her call me at 404-768-3509.
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