Cumming, GA asked in Family Law and Child Custody for Georgia

Q: If my 3 children were born before I married their father, does the marriage legitimize him as the father?

Our divorce was finalized in 2011 and I have requested for an emergency change in custody due to his mental state and the kids being scared of him. Wondering if the custody agreement in place was even able to happen since I had them all before we got married. We were not even married 1 year before the divorce was filed.

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3 Lawyer Answers
Terri Herron
Terri Herron
Answered
  • Divorce Lawyer
  • Roswell, GA
  • Licensed in Georgia

A: If you married the Father subsequent to the children being born and the children are his biological children then yes. The children were legitimated by the subsequent marriage. If you are needing assistance modifying the visitation from the Divorce Decree, please don't hesitate to contact an Attorney.

Regina Irene Edwards and Homer P Jordan IV agree with this answer

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: Yes, the marriage legitimized the children.

Homer P Jordan IV agrees with this answer

Homer P Jordan IV
Homer P Jordan IV
Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: Yes, the marriage would have legitimized the children, assuming he was their biological father. If you have custody questions or would like to seek a modification you should consult with an attorney who can help you with the proper course of action. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

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