Legal Question in Family Law in Georgia
My husband and I had our child on Feb, 7th 2009. We have been separated since Oct. 14th 2009. I then got a paternaty test and he wasnt the father. So do I need to petition her birth certificate to have his name removed first or have her real father ligitimize her first?
Also do I need to get an uncontested divorce with no child or a contested one with a child because I can prove that the father's name on her birth certificate isn't her biological father?
1 Answer from Attorneys
He is the legal parent and you have to get a lawyer. (Forms will not begin to cover this mess). Paternity will have to be adjudicated in the case and three people will likely be involved in the case - bio dad, the legal dad (your husband) and you. The borth certificate issue will likely take a second case after the contested divorce. If both "dads" cooperate, the costs can be reduced. But you need a lawyer ASAP.