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What are my legal rights in the state of Georgia to recieve visitation and custodial rights to my daughter that i help raise?

Rome, GA |

I live in Georgia and I am fighting to see my daughter. I have taken care of her since birth, she shares my last name and I also signed the Paternity Acknowledgement form. I brought this information to court but the judge still ruled for a DNA test.

Taking this test I found out my daughter is not biologically mine but I still want to be apart of her life, I am the only father she knows.

Other states have the Parentage Act which just by her living with me for the first 2 years of her life and me signing that form would give me my rights.

p.s. I am fighting the mother for visitation of my daughter, the man that she now claims is the father never stepped up to the plate to claim my daughter, plus he is in jail for life so my daughter will never get to have a relationship with him

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Attorney answers 1


First, I applaud you for your efforts to ensure the child you've raised is supported. To answer your question, some information is necessary. I will presume you and the child's mother were never married (otherwise you would not have signed the paternity acknowlegment). Did you register the paternity acknowledgment in the putative father registry? Also, was there a final determination of paternity?

Your remedies depend on a number of issues. Was the mother married to another man at the time the child was born or at anytime within the normal gestation period or if there is another legal father.

Legitimation can be a complex issue because it deals with procedures and perhaps various parties. As you can likely see, the DNA test results, exclusively, do not preclude you from establishing you as the legal father. I would suggest you contact a family lawyer to work through some of these issues and how you should proceed.

Best of luck!

This is a general interest posting on a public website regarding general legal concepts. This posting is not, and should not be interpreted to be legal advice to anyone, or to create an attorney client relationship between the poster and anyone. There is no way the amount of information in a website posting could be sufficient for the poster to provide informed legal advice. If you have legal questions pertaining to your situation, you should discuss them with an attorney, in person, and in sufficient detail for that attorney to provide you with confidential, competent legal advice.

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