QUESTION
If my fiance signs my daughters birth certificate is there anyway that this other man or his family could take me to court for visitation or custody?
Asked on Oct 05th, 2011 on Adoptions - Georgia
More details to this question:
My fiance wishes to sign my daughters birth certificate. There is another man that believes he is the father of my daughter. I do not wish to know if he is or is not the father of my daughter. He and multiple members of his family abuse drugs and alcohol. I have proof of this due to the fact that his mother has tried threatening me with court.
1 ANSWER
Divorce Attorney serving Warner Robins, GA
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Danielle D. D'Eor-Hynes Family Law Center, LLC
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Your fiance can sign, of course, but that does not make him the legal father nor the biological father. If he signs the birth certificate, and the Putative Father's Registry, that puts his name on things, but does not change the fact that the biological father can step forward and file a Petition for Paternity and legitimate the child -- that means to have him declared the "legal father" of the child and able to have certain custody and/or visitation rights. Right now, the legal father has one right -- to pay support for the child.
If you do not want the biological father in your daughter's life, due to his family's background, perhaps you could offer not to come after him for child support if they will back off. In the interim, the father has a right to ask for a DNA test, establish paternity, and then it is up to you to prove why it is not in the child's best interests to be declared this man's legal child.
Hope this helps.
Danielle D. D'Eor-Hynes
www.hynesfamilylaw.com
Answered on Nov 04th, 2011 at 5:31 PM