husband's rights if not biological father after divorce

[mimi419]

What is the name of your state (only U.S. law)? Georgia
This is the situation: My youngest daughter was born in 2005. A paternity test was taken in 2006. The test proved that my then boyfriend (and father of my two older daughters) was not the biological father. He had however signed the birth certificate and she has his last name. My daughter's biological father was court ordered to pay child support and have health insurance on our daughter which he does. We agreed that our daughter think that my boyfriend and her sister's father was indeed her father although we established a relationship between her her biological father (she calls him by name) and two half brothers. Then in 2008 my boyfriend and I married. We are now in the process of separation and divorce. My question is whether my soon to be ex has any rights to custody or visitation on the daughter that is not biologically his. We have agreed to joint custody on my two oldest daughters.

 

[Just Blue]

What is the name of your state (only U.S. law)? Georgia
This is the situation: My youngest daughter was born in 2005. A paternity test was taken in 2006. The test proved that my then boyfriend (and father of my two older daughters) was not the biological father. He had however signed the birth certificate and she has his last name. My daughter's biological father was court ordered to pay child support and have health insurance on our daughter which he does. We agreed that our daughter think that my boyfriend and her sister's father was indeed her father although we established a relationship between her her biological father (she calls him by name) and two half brothers. Then in 2008 my boyfriend and I married. We are now in the process of separation and divorce. My question is whether my soon to be ex has any rights to custody or visitation on the daughter that is not biologically his. We have agreed to joint custody on my two oldest daughters.

So, you "both" decided to lie to this child? How sweet. Good luck with that.

 

[LdiJ]

What is the name of your state (only U.S. law)? Georgia
This is the situation: My youngest daughter was born in 2005. A paternity test was taken in 2006. The test proved that my then boyfriend (and father of my two older daughters) was not the biological father. He had however signed the birth certificate and she has his last name. My daughter's biological father was court ordered to pay child support and have health insurance on our daughter which he does. We agreed that our daughter think that my boyfriend and her sister's father was indeed her father although we established a relationship between her her biological father (she calls him by name) and two half brothers. Then in 2008 my boyfriend and I married. We are now in the process of separation and divorce. My question is whether my soon to be ex has any rights to custody or visitation on the daughter that is not biologically his. We have agreed to joint custody on my two oldest daughters.

If the biological's father's paternity was established (and I have to assume that it was since he was ordered to pay child support) then no, your husband has no rights or obligations regarding the child.

 

[TheGeekess]

If Dad-paying-CS* wants to file for custody/visitation, he'll have to file for legitimization first.

*Since Mom & StepDad have perpetuated a lie to Princess, I wanted to make sure Mom knew who I was talking about.

 

[MichaCA]

This is really sad...and a classic example of the consequences of not telling the child the truth about their real dad. Now the pretend dad doesn't have any legal rights to visitation even though to all extent he acted as dad for five years of the childs life. So there is a really strong bond there. And now he has no rights, and the child gets "abandoned" by her "dad".

I hope she gets some counseling and I hope you do too to help explain all this to her and help her with her feelings.

If it were me - if he has been a good dad to her, I would GIVE him visitation, maybe not on paper, but not willy-nilly either. I would make sure she can maintain a relationship with him...at least dinner once a week, something!

 

[mistoffolees]

This is really sad...and a classic example of the consequences of not telling the child the truth about their real dad. Now the pretend dad doesn't have any legal rights to visitation even though to all extent he acted as dad for five years of the childs life. So there is a really strong bond there. And now he has no rights, and the child gets "abandoned" by her "dad".

I hope she gets some counseling and I hope you do too to help explain all this to her and help her with her feelings.

If it were me - if he has been a good dad to her, I would GIVE him visitation, maybe not on paper, but not willy-nilly either. I would make sure she can maintain a relationship with him...at least dinner once a week, something!

Absolutely. That falls under "love your children more than you hate your ex".

 

[garrula lingua]

If Dad-paying-CS* wants to file for custody/visitation, he'll have to file for legitimization first.

*Since Mom & StepDad have perpetuated a lie to Princess, I wanted to make sure Mom knew who I was talking about.

?? OP stated that bioDad (Dad paying c/s) is court ordered to pay c/s. You can't be court ordered unless the court established Paternity.
What do you mean by 'he'll have to file for legitimization first' ?????

 

[Proserpina]

?? OP stated that bioDad (Dad paying c/s) is court ordered to pay c/s. You can't be court ordered unless the court established Paternity.
What do you mean by 'he'll have to file for legitimization first' ?????

For the purposes of custody/visitation, Georgia requires a separate (additional) legitimation process.

From what I've read here, you can be ordered to pay child support without this step.

I'm sure I'll be corrected if I'm wrong

 

[TheGeekess]

Legitimation in Georgia

What is a "legitimation"?

Legitimation is a legal action which is the only way, other than by marrying the mother of a child, that the father of a child born in the State of Georgia may establish legal rights to his child.

Who may file for legitimation?

Only the father of a child may file a petition seeking to legitimate his child.

What is the legal effect of legitimation?

An order of legitimation creates a father and child relationship legally between the petitioner and his child. An order of legitimation establishes that the child may inherit from this legal father and vice versa. An order of legitimation allows the legal father to be listed on the child's birth certificate as such. An order of legitimation is the only way that the father of a child born out of wedlock can be recognized as the legal father of a child and therefore can petition for custody and/or visitation with this child.

Georgia Family Law Blog: Legitimation in Georgia

See Also:
http://tinyurl.com/39fgumr