Wiscasset, ME asked in Family Law for Georgia

Q: Will the court allow me to legitimate my biological child if the mother is married to someone else?

I had an affair with a married woman and she became pregnant. She is still with her husband and the child is 1.

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

A: This is a very complicated issue because the husband is presumed to be the legal father of the child. You will need to de-legitimize the husband. You should seek counsel to do this. The longer you wait, and the longer the husband has to build a bonded relationship with this child, the more difficult your case becomes.

Priscilla T. Upshaw
Priscilla T. Upshaw
Answered
  • Powder Springs, GA
  • Licensed in Georgia

A: I agree with my colleague. Cases of this nature are complex and are best handled by an attorney who can assist you with the specifics of your circumstances.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

Regina Irene Edwards
PREMIUM
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: The short answer is: maybe. My colleagues are correct. The child is legally the husband's. The court can deny legitimation based interest of the child and if they find you to have abandoned the child. You must contact an attorney immediately.

--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777

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