Legitimizing a Child Georgia

[Doodlebuggs]

I really don't know where to begin, but DFAC's ended up getting custody of my daughter a long story based on lies.
My daughter's father and I was not married when she was born, but we got married two years after. We are going through a divorce now but we have been separated for about 2 1/2 years. He is trying to get custody now and he has just got out of prison where he stayed two years. I was wondering now if I could make him have to go through the process of taking a dna test and going to court to legitimizing her. I know this might sound mean but he doesn't pay child support he is thousands behind, and I would just like to know how it works. He is on the bc and he signed it, now that he gets out he thinks he can take over so I want to make it a little harder on him. I know I guess I sound mean but he is the one that called DFACS on me before he went to prison, there is a lot more to the story, and I was wondering if anybody knowed anything about it. I would appreciate all help.

[mommyof4]

Wait...your daughter is in the custody of the state? If that is the case, any child support he would be ordered to pay would go to the state, not you. You should be paying child support, too.

If this is not the case, then please repost so that the situation is a bit clearer.

[Doodlebuggs]

Legitimizing a Child

I am paying child support, that is not the question. It is about his rights wanting custody of my daughter, if he legally can ask. The only reason that he is asking cause he is trying to hurt me. He is the one that called DFAC's to start with because he knowed he was going to prison and he was trying to get back at me not caring who he really was hurting. The case-worker I had took my daughter just to show her authority and that is the God's honest truth. I just wanted to know if I had any rights about it too. Thanks for the help any one can give me.

[xena]

I am paying child support, that is not the question. It is about his rights wanting custody of my daughter, if he legally can ask. The only reason that he is asking cause he is trying to hurt me. He is the one that called DFAC's to start with because he knowed he was going to prison and he was trying to get back at me not caring who he really was hurting. The case-worker I had took my daughter just to show her authority and that is the God's honest truth. I just wanted to know if I had any rights about it too. Thanks for the help any one can give me.

Yes, he has the legal right to file for custody. However, asking for and recieving are two different things. I highly doubt that the state or Judge would allow a recently released prison convict to take custody. Visitation is another thing tho- the court might issue a visitation order- depending on what he was in prison for.

As for your other question about asking for a DNA test- is there already a court order for CS? If there is you can't ask for DNA now because he is already the legal father.

[Doodlebuggs]

Yes, there is a order for cs it was ordered before he went to prison, and when they ask him if he wanted to take a dna he said no, but I was told that a dna really doesn't legitimize a child that you have to go in front of a judge, and without you being married when the child was born that he really doesn't have rights except to pay the cs. It's not the money I never received any before all this happened, and I know I might sound mean, but he has caused so much pain (when we was together and after) that I am tired of sitting back and being run over, especially when you don't have the money for a good lawyer and he does, I am just trying to find out all the information I can. All the information I receive is very much appreciated.

[PoppaVA]

be careful

I am sure any lawyer worth their salt would reccomend against doingthings to just get revenge or just to make it more difficult for the other party. Im not saying it doesnt happen - its just when that kind of thin is uncovered there could be repercussions

[Doodlebuggs]

I don't see anything being uncovered it is all the truth. As far as the reprocussions he needs to have a little back his way for all the hell he has put us through. If he wants to visit our daughter for the right reasons it might be different, but it's not. It's just a game to him, her life is not a game.

[Billy Mack]

Since the child was bron out of wedlock, he'll need to legally legitmize the child in order to have any rights. It may be that was part of the paperwork that was done in the child support stuff.

In Georgia, the father of a child born out of wedlock has no rights to the child until a judge says that he does.

[Doodlebuggs]

Thank you very much for your reply, that is what I thought. No, nothing was done in the child support papers, and he is behind about $7,000 and his license have never been suspended are anything has been done. Do you know even if we was married two years after she was born if that legitimizes my daughter are not? He is getting more rights really than I am through the DFACS and he just got out of prison, and now the case-worker that removed her for no reason is being investigated she no longer works for the department any more, but all I have is a court appointed lawyer and he about has the best lawyer if you have money to get from around here. What is wrong with our system, it is who you know, or if you have money or not it is so unfair!!