short answer ; YES in most contested cases . if you have issues that cannot wait for final hearing because you and your spouse are not working together in a civil and mutually satisfactory manner such as child support / alimony / payment of debts/ payment of utilities / rent / mortgage / CUSTODY of children / who drives what car/ who lives in marriage residence and who moves out ,,,/ , etc . . . . .
FILE LEGITIMATION PEITION SEEKING TO GAIN legal status as the father and custody of the child .
Because the child was born out of wedlock if you have not legitimized the child YOU HAVE NO RIGHTS . Having your name on birth certificate is not sufficient . Thus a legitimation petition seeking ;
1. have you declared legal father;
2. named custodial parent
is what needs to be done .
YOUR QUESTIONS SUGGEST THERE WAS FRAUD INVOLVED IN YOUR DIVORCE AGREEMENT AND BASED UPON THAT ASSUMPTION ; YES
QUESTION FOR YOU ; DID THIS "SOMEONE" WHO TOOK "HIS HALF" BACK HAVE A LIEN ON THE PROPERTY DATING BACK PRIOR TO MARRIAGE AND DIVORCE AGREEMENT ? IF SO HOW COULD YOU NOT KNOW ABOUT IT ? IS THIS A CASE WHERE YOU TOOK PROPERTY IN SETTLEMENT AGREEMENT WITHOUT DOING A TITLE CHECK TO MAKE SURE IT WAS FREE OF SUCH LIENS?
JUST TRYING TO MAKE SENSE OUT OF YOUR SITUATION
As I read and reread your statement ;
"I am also currently a christian counseling student and I want to make sure their is not any conflicts of interest, in a effort to protect the family and the church"
I cannot help but think how terrible it is for us to live in a society were we have to think about such things as the church's interest vs. the child's interest . Not your fault . You just trying to do right thing . However some issues in my humble opinion are so important and so...
if child born out of wedlock he has no rights to see the child in georgia and no family members of his has any rights to visitation so i suggest unless he files ligitimation petition to let sleeping dogs lay .
you file for modification of custody seeking temporary and final modification making you primary custodial parent . You include your request for emergency hearing in this action .
You need an experienced lawyer ASAP . Sorry but cost of expereinced lawyer for this matter will not be cheap . Suggest you call serveral and compare prices . Will be first to tell you I will not be the cheapest so you may not desire to call us but feel free to call if you like