Paternity test: Remember that your question will be posted in a public forum for all to see. Include all relevant details, but please omit any personally identifiable information.Can i still get a paternity test even though we divorced 5 years ago.. child is 12 yrs old, got the divorce in Georgia. Got married 2 years after child was born, my name is on the birth certificate.
Damon’s answer:
You can certainly get a DNA test. All you need is a hair follicle or other suitable sample from your child. You simply send this off to a laboratory, and they will tell you whether or not you are the biological father to a 99.9% degree of certainty.
The more interesting question is what do you do if the results come back, and it is proven that you are not the biological father. Now you have a situation where you are the legal father, but not the biological father. You will still be liable for support of this child, unless and until you can have the Divorce Decree set aside for fraud. If the child is not yours, then the mother must have known there was a possibility at the time of the divorce that the child could have a different father. Since she failed to disclose this information to the Court or to you, you could argue that she committed a fraud, and file a Petition to set aside the Divorce Decree as it relates to the legal and physical custody of your child.
The first step I would recommend that you take is to go ahead and get the DNA test done. All you will need is the child's cooperation to get a hair follicle or other suitable sample. Here is a good website for a lab that handles DNA testing.
www.gtldna.net
If the results come back to show that you are not in fact the biological father, then I strongly suggest you consult with an attorney to discuss your options.
Please know that this is a general interest posting and does not create an attorney-client relationship.
Where do I file to have the parental rights terminated of the non- custodial parent, if they live in another state.: I have Primary Physical and Legal Custody of my sons. Relocation has been approved by the court . Supervised visits suspended, after two consecutive missed visits.
Damon’s answer:
How long have you lived in Atlanta? If you have resided here for 6 months then you have legally established residency, and you will need to proceed with your Petition for Termination of Parental Rights in the county where you and the child reside. The appropriate Court to file your Petition for Termination of Parental Rights is the Juvenile Court.
If you have not lived here for at least 6 months, then you will need to get the father to sign a Consent to Jurisdiction and Waiver of Venue. There are also very strict requirements in order for you to be successful in a Petition for Termination of Parental Rights. Missing two consecutive visits alone will not be sufficient. If you would like some more information about the specific requirements, then I suggest that you contact an attorney and provide him/her with some more information in a private and confidential setting.
I have handled many termination of parental rights cases in the Atlanta area, and would be happy to speak with you further in a complimentary 30-minute consultation, so that you can get some more information on how best to proceed in order to achieve your goals.
Please know that this is a general interest posting, and does not create an attorney-client relationship.
I am a single father with a 3 year old daughter. I would like to have full custody of my
daughter, what should I do?:
I've been in my daughters life since she was born. My daughters mother and I were once living together but not in our own home. We were all living with a relative of mine.
Recently, four months ago my daughter moved in with me because she kept getting ill.
I've tried to reason with my daughters mom about making better for all of us however, she has had too many hidden agenda's since then. We are not staying together. I live with my mentor. My mentor and I have set up a payment agreement and that agreement has not been broken. I am attending the University of Phoenix and working at a local Hospital. My daughters' mother at the moment isn't doing anything but causing trouble and staying with her mom. What am I suppose to do?
Damon’s answer:
My first question to you is were you and your daughter's mother ever married? If the answer is NO, did you ever have the child legitimated? If so, what are the terms of the Legitimation Order? If not, you will need to file a Petition for Legitimation so that you can establish yourself as the legal father of your daughter, and request primary physical custody of her as well.
You will need to file the Petition for Legitimation in the county where the mother resides. In order to seek primary physical custody of your daughter, you will need to show the Court that it is in the child's best interests that she reside primarily with you, rather than her mother. This is a question of fact for the Judge to decide. The more evidence that you can gather showing your involvement in your daughter's life, the more compelling an argument you can make to the Court.
In order for me to properly advise you on what to file and where to file it, I need the answers to the questions that I pose above, as well as some other information from you. If you would like some information about the costs for an attorney to represent you, and how long all of this would take I suggest that you schedule an appointment to speak with me or another attorney in a private and confidential setting.
I offer 30 minute private and confidential consultations at no cost to you, so that you can get some more information about how best to proceed to achieve your goals.
Please know that this is a general interest posting and does not create an attorney-client relationship.