Legal Question in Family Law in Georgia
What rights does he have
My ex-husbands name is on my sons birth certificate. There is a good chance he is not the father. Does this give my ex-husband any rights to my son. Just so you know we were seperated when I got pregant and when I gave birth. I was told by the hospital that because I was still leagly married my husbands name had to go on the birth certificate.
My ex husband has never once paid child support and bascially comes and goes out of my sons life. My son is 5 years old and loves my current husband. I would like to also know what the steps would be in my husband adopting my son?
Thanks,
2 Answers from Attorneys
Re: What rights does he have
The issue of paternity was resolved by your divorce.
Assuming you had a competent lawyer, your divorce decree SAYS your ex is not the father. If it is silent, he is the father, he owes support and he has a right to see what legally is his child. Georgia presumes that all children conceived while married are the husband's. That presumption can be rebutted until a court addresses the issue, and the time to have addressed it was your divorce.
Re: What rights does he have
It is likely your best remedy is a step-parent adoption. If your divorce decree does not state the ex-husband is not the father, under the law, he is presumed to be the father and has rights under the law, both generally and as provided by the decree. If he has not supported the child for over twelve months or not had substantial communication with the child in over twelve months, your husband may be able to file a petition to adopt the child and in the process terminate the ex-husband's parental rights. You should contact a lawyer right away to help you on such a case.
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