Legal Question in Family Law in Georgia

rights of non bilogical father

my wife has a daughter from her ex husband he never signed the birth cert. I did when she was 6 months old. my wife and I were seperated be we are getting back together, now her ex husband is saying he is going to get rights to her so her can file a restraning order againtst me so we cant be together. can he do this? what rights do I have?


Asked on 1/06/08, 8:37 pm

1 Answer from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: rights of non bilogical father

If her ex-husband is the child's biological father, then he can file an action to be declared so, and he can then request visitation, etc. with the child.

Unless he can prove that you pose some threat or danger to the child, I don't know why the Court would keep you from being around the child, especially if you are married to the child's mother.

As for what rights you may have, if you are not the child's biological father, you might be able to try to assert some rights as the child's "psychological parent" if you can prove the necessary elements to do so.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens

Read more
Answered on 1/07/08, 10:17 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Georgia