Legal Question in Family Law in Georgia
Married and fighting for custody of child
I am married with two children and one child, which is 2 years old, is not biologically my child. The biological father has not done much for the child in his 2 years. He also has not signed his birth certificate. What can I do to gain custody of the child?
1 Answer from Attorneys
Re: Married and fighting for custody of child
You have custody and he has no rights unless and until he files a petition to legitimate the child. If he has not supported the child in over a year or has not communicated with the child for over a year, your husband could file a stepparent adoption petition. The biological father would be notified and given an opportunity to legitimate the child, which you could oppose based on his failure to support the child thus far. If the adoption were granted your husband would legally be the child's father. The downside to this is that if you and your husband later divorce, you might have a custody fight with him for the child he adopted.
All of these processes are very complex and statutory and you should absolutely have a lawyer to do them for you.
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