Marietta, GA asked in Divorce for Georgia

Q: Need advice on how to go about filing my divorce

Legally yes we have a child together but I no longer have any parental rights to our son and the father has full custody of him. This was done through juvenile court when our son was in foster care

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1 Lawyer Answer
Judith Delus Montgomery
Judith Delus Montgomery
  • East Point, GA
  • Licensed in Georgia

A: Filing for Legal Paternity

When seeking to establish paternity of a child, there are several options on how this can be done. The option chosen will depend on who is filing to establish paternity, and whether or not there is any disagreement on the matter.

• Voluntary Acknowledgment – If both the mother and the father seeking paternity agree who the father is, they can each sign a voluntary acknowledgment of paternity. This will suffice to establish paternity. In some cases, however, a parent will want to present additional evidence to help avoid potential challenges in the future.

• Petition the Courts – Another option is for the mother, the father, or any other individual (including the child) or organization with an interest in the case, to start a paternity action. This action will be presented in either the Superior Court or the State Court to hear evidence and decide on the case.

• Department of Human Resources – A third type of case is when the Department of Human Resources files a petition to establish paternity.

You will need an attorney for this matter.

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