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

Q: I have an ongoing child custody issue with a non biological father who is listed on the birth certificate.

I have an ongoing child custody issue with a non biological father who is listed on the birth certificate. ( The child was born in Texas, I reside in Clayton County, the non bio father and child in Paulding County.) Since 2013 I have beer trying to the child back in my custody, but he has refused. I filed paperwork requesting adoption termination of parental rights and adoption. As it stands the judge is denying and stated her request child support and custody. I did not sign the petition. I need to know what I can do and her biological father can do to get her back in my care and custody. I am willing to explain in further detail upon response.

Related Topics:
3 Lawyer Answers
Kim Ebert
Kim Ebert
Answered
  • Lithia Springs, GA
  • Licensed in Georgia

A: Under the facts as you've stated them, I don't see termination of parental rights or adoption as a reasonable expectation on your part but I don't know enough to state definitively. I don't quite understand some of what you've written so it's tough to address things much further. Look, it's a really HIGH bar to terminate a parent's rights. Whether or not a man is the biological father or not has nothing to do with whether or not he's the legal father. You may consider consulting with an attorney to unpack what you're talking about and provide you with reasonable options.

~ Kim Ebert, Attorney at Law, (678) 818-6543, serving Georgia, Florida, Hawaii and several Federal Districts.

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

A: It's difficult to provide feedback without all the facts. I'm sorry you are going through this. You really should have a consultation with an attorney, who can review the facts of the case in detail and present you with the options. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

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

A: Unfortunately, there seems to be a lot of moving parts in your question. The rights of the non-biological father are going to depend on whether he has previously been established as the legal father and whether there is an existing custody order. With such a complicated issue, you really should consider consulting with an experienced attorney to discuss your options.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.