Legal Question in Family Law in Georgia

I live with my wife and her 2-year-old daughter in GA. The child's biological father is not on the birth certificate, he has never seen her and has contributed less than $700 to her well being since her birth. We do not know where the father is, the last contact was via email in April of 2009. We have started the application process for child support, but I would prefer to adopt her and bypass child support. What is the proper procedure for this to happen? Does the biological have any kind of parental rights since he's not on the birth certificate and has not supported her? If adoption is not an easy option, can we at least have the child's last name legally changed to ours?


Asked on 9/26/10, 9:51 am

2 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

In Georgia, a male does not have legal rights to his biological child unless: (i) he was married to the biological mother at the time of birth, or (ii) the father goes through a legal process where the father becomes "legitimized." Whether the father's name is on the birth certificate is not relevant to the question of parental rights.

You are free to adopt the child as your own, as long as the biological mother consents and you go through the process. I would STRONGLY recommend that you hire a Georgia family law attorney to help you from start to finish -- it make things easier and quicker.

Best of luck. *******The above is for informational purposes only and does not create an attorney-client privilege.********

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Answered on 10/01/10, 12:06 pm
Ralph Villani VILLANI LAW FIRM

Hire a good family law attorney to file for your adoption of that child (if the mther consents) - the biological father, as he was not married to the mother and as he never legitimated the child (so it appears reading through te line of your query) has NO right to the child at all.

Good Luck,

Ralph

NOTE: The above is for informational purposes only and does not create an attorney-client privilege you must hire and/or consult with your own attorney to get advice on these matters.

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Answered on 10/09/10, 2:21 pm


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