Dallas, GA asked in Family Law, Child Custody and Child Support for Georgia

Q: If baby daddy disappeared for 7 years does he still have any rights?

In July 18, 2008 I had a baby and his biological father was helping for the first 2 and half years and then he disappeared. Last year he came back and was asking to see my son, what kind of rights does he have?? I have witnesses that have seen my struggle. I got married on June 29, 2012 and my husband has been a father to my son. He has provided to all of his financial needs. He has been there for every moment, my husband has been a father figure to my sons. What can I do? What kind of rights does his biological father have? My son has his last name, does that gives him half of custody? Can I remove his last name from my sons name? My son doesn’t know about his biological father. I never talked to him about his biological father, for the same reason that his biological father was not responsible and disappeared. It was not worth, he is not a good example for my son.

1 Lawyer Answer
P. Justin Thrailkill
P. Justin Thrailkill
Answered
  • Divorce Lawyer
  • Fayetteville, GA
  • Licensed in Georgia

A: Talk to an attorney about a stepparent adoption. The biological father doesn't have any rights if you were not married and he has not filed to legitimize the child. A stepparent adoption could prevent the biological father from gaining rights and formalize your husband's relationship to your child.

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