Arlington, TX asked in Family Law and Child Custody for Georgia

Q: What are my legal rights to my child if I'm on the birth certificate, have dna proof, and married mother (after birth)

We are still legally married, not legally separated, but not living together. Do I have the right to take my child from her? There isn't any kind of custody order in effect at all. I have been court ordered to pay child support.

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2 Lawyer Answers
Samantha A Holloway
Samantha A Holloway
Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: Typically, a child who is born to parents who were unmarried at the time of birth, but got married after the birth, is considered the legitimate child of the father. You should meet with a lawyer to discuss your specific case and whether you can take the child. I would also suggest that you have the lawyer look into the court ordered child support.

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

A: We would need to know more of the facts of your case to know if you have legal rights to the child since you were not married when the child was born. If you don’t have legal rights, you can legitimize to get them. You should consult with an attorney who can help you with the proper course of action to take in your case.

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