Q: My child has a "legal father" in ga. The biological father wants rights after 10 years. Is this a possibility?
Got pregnant young, had a boyfriend and I cheated on him and got pregnant. The guy I cheated with gave me an option to take care of my child like it was his and we would start a relationship together and he would treat my child as his own... We got married he signed the birth certificate even though I knew he may not be the father. The other alleged father has tried to get me to agree to DNA going on now for 10 years and I have always refused. Now he is threatening me with legal action. He wants to know if my child is his and if my child is he wants rights to her. Can this happen? Please Help!!
A: If you had the biological father sign away his rights to the minor child at or before the child's birth, then he has lost his rights to the child. If not, however, he could have rights to the child, particularly if you deceived him as to the child's parentage. Assuming he carries through his threat to sue you, he will be pursuing a legitimation action that will seek to have him established as the biological/legal father to the minor child and seek all rights/obligations that entails (ex. child custody, child support, inheritance, rights to information regarding the child, etc.). This is a very serious matter that should be handled by a professional that knows the law; please contact a family law attorney as soon as possible to protect your rights and the safety and best interests of your minor child.
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