Why in the world would anyone want to take a child they have raised for nearly 15 years and banish him to a parent he has not known, if at all, since he was an infant? This seems to be an incredibly traumatic shift that could not possibly be in this child's best interest. I think 100% of the judges I have appeared before would say the same thing. And I rarely say anything in the law at 100%.
I think those judges would say something like, "Why didn't you do DNA test 15 years ago?" I think they would all say, "You have bought this problem and you ought to see it through 18 years and high school completion."
I will leave it to all of my peers to say if I am wrong. if I am wrong, I do not want to be right.
But, he would petition for termination of parental rights in the juvenile court of the county where the child resides. If another person comes forward as father, he can petition for adoption in the superior court of that same county, and that judge can allow an adoption and a termination at one time.
I hope this helps. Good luck, I suppose.
I can't fathom a man doing that to a child, and I suspect a judge would refuse too. While paternity orders can be reversed, a court can decline to it where the child would be harmed. But if he wants to embark down this road, he needs a lawyer.
Please know that although my office does paternity cases in your county, my office would not be interested in this case because of the obvious harm to the child from pursuing it.
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As a former judge, I can state that Mr. Shewmaker is 100% correct. What a terrible and insensitive thing to do.
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What is interesting is that this post is not from the father who has put 15 years into raising this child as his own. It is from his new wife, who obviously resents the child and does not have the emotional investment of her husband. My guess is that it was not the father's idea to ask this question. To her, I would suggest that she not demand that her husband choose between her and his son. It may turn out badly for her.
I am exclusively a family law attorney, practicing primarily in the metro Atlanta, Georgia trial courts. However, I handle appeals from anywhere in Georgia.