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Child Legitimation Question Georgia

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  • Child Legitimation Question Georgia

    My Fiancee has a little girl that will be 4 years old at the end of this month. At birth her "father" signed the birth certificate but never signed legitimation papers since my fiancee and him were never married and a DNA test was never taken. Ever since the childs birth he has gotten in alot of trouble including Two DUI's, battery and assault charges, and driving on suspended license (which he was on house arrest 3 months ago and still on probation for it to this day and hasnt had a valid drivers license since the child was born in 2004). On wednesday we recieved papers saying that the superior judge ordered him to have temporary physical custody of the child cause he had went and gotten a lawyer and told a web of lies trying to say that my fiancee was an unfit mother, by which the deputies and him came and got the child on thursday. we went yesterday and got a lawyer and he went with all the evidence to the superior court judge and had him overrule what he had signed and gave custody back to my fiancee. Now we are going to court in january cause he is trying to legetimize the child and get custody of her. Can someone help me please in giving me some kind of information on what he would have to do to legetimize the child? Me or my fiancee doesnt want him to legetimize the child or get custody but I thought that for him to legetimize her that my fiancee would have to giver her consent? This is just really stressing both of us out because we dont know whats going to happen and he is a dangerous person and an alcoholic. We have pictures of where he beat my fiancee when they were dating after the child was born, which they already went to court over that cause her father had taken a restraining order out on him. at that time when they went to court, the court ordered that he only get 4 hours visitation on sundays and he had to pay 100 dollars per week in child support.

  • #2
    Originally posted by skillet18 View Post
    My Fiancee has a little girl that will be 4 years old at the end of this month. At birth her "father" signed the birth certificate but never signed legitimation papers since my fiancee and him were never married and a DNA test was never taken. Ever since the childs birth he has gotten in alot of trouble including Two DUI's, battery and assault charges, and driving on suspended license (which he was on house arrest 3 months ago and still on probation for it to this day and hasnt had a valid drivers license since the child was born in 2004). On wednesday we recieved papers saying that the superior judge ordered him to have temporary physical custody of the child cause he had went and gotten a lawyer and told a web of lies trying to say that my fiancee was an unfit mother, by which the deputies and him came and got the child on thursday. we went yesterday and got a lawyer and he went with all the evidence to the superior court judge and had him overrule what he had signed and gave custody back to my fiancee. Now we are going to court in january cause he is trying to legetimize the child and get custody of her. Can someone help me please in giving me some kind of information on what he would have to do to legetimize the child? Me or my fiancee doesnt want him to legetimize the child or get custody but I thought that for him to legetimize her that my fiancee would have to giver her consent? This is just really stressing both of us out because we dont know whats going to happen and he is a dangerous person and an alcoholic. We have pictures of where he beat my fiancee when they were dating after the child was born, which they already went to court over that cause her father had taken a restraining order out on him. at that time when they went to court, the court ordered that he only get 4 hours visitation on sundays and he had to pay 100 dollars per week in child support.
    Most likely he has already filed for the legitimazation when he filed all the other papers. You can check the petitions and the court file to see if that was specified.

    In the mean time your fiancee needs to hire an attorney and begin gathering evidence needed to prove that the father presents a danger to his child.

    Comment


    • #3
      Originally posted by xena View Post
      Most likely he has already filed for the legitimazation when he filed all the other papers. You can check the petitions and the court file to see if that was specified.

      In the mean time your fiancee needs to hire an attorney and begin gathering evidence needed to prove that the father presents a danger to his child.
      Yeah he did file for the legitimation and custody is what he is taking her to court for. We hired an attorney on friday after the judge ordered for her daughter to be turned over to him cause he hired an attorney and between him, his mom and stepdad they told a bunch of lies trying to say that my fiancee was an unfit mother which is completely untrue. we got all kinds of evidence against him and when we hired our lawyer he went straight to the judge and had the ex parte temporary physical custody order vacated and gave her child back to us after we proved that what they told their lawyer and the judge was a lie. i was just wondering if he even had a leg to stand on with his previous and present record when we do go to court? I thought that my fiancee has to consent and sign with him for him to legitimize her or is that not so? We just really dont want him to have any rights to her but i doubt thats gonna happen.

      Comment


      • #4
        Originally posted by skillet18 View Post
        My Fiancee has a little girl that will be 4 years old at the end of this month. At birth her "father" signed the birth certificate but never signed legitimation papers since my fiancee and him were never married and a DNA test was never taken. Ever since the childs birth he has gotten in alot of trouble including Two DUI's, battery and assault charges, and driving on suspended license (which he was on house arrest 3 months ago and still on probation for it to this day and hasnt had a valid drivers license since the child was born in 2004). On wednesday we recieved papers saying that the superior judge ordered him to have temporary physical custody of the child cause he had went and gotten a lawyer and told a web of lies trying to say that my fiancee was an unfit mother, by which the deputies and him came and got the child on thursday. we went yesterday and got a lawyer and he went with all the evidence to the superior court judge and had him overrule what he had signed and gave custody back to my fiancee. Now we are going to court in january cause he is trying to legetimize the child and get custody of her. Can someone help me please in giving me some kind of information on what he would have to do to legetimize the child? Me or my fiancee doesnt want him to legetimize the child or get custody but I thought that for him to legetimize her that my fiancee would have to giver her consent? This is just really stressing both of us out because we dont know whats going to happen and he is a dangerous person and an alcoholic. We have pictures of where he beat my fiancee when they were dating after the child was born, which they already went to court over that cause her father had taken a restraining order out on him. at that time when they went to court, the court ordered that he only get 4 hours visitation on sundays and he had to pay 100 dollars per week in child support.
        So sorry to read what you are through. My wife has a divorce in washington state and her XH didn't seem to be willing to raise their son. However as soon as they got divorced, he started attacking us with lawyers to eliminate my wife's custody. It was a harsh process and we experienced a lot of difficulties, so I wish you best of luck, because the result is totally worth it.

        Comment

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