Legal Question in Family Law in Georgia

I was married to come one else years ago who signed my kids birth certificste snd ws not the father. Can I get his name removed off the brith certificate and what are my options to get this done as quick as possible. I dont know where he is, I dont care to see him at all during the process or before it. I am newly married to someone else.


Asked on 10/09/10, 8:15 am

2 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

There are 3 ways a male can obtain parental rights of a child in Georgia:

1.) If the male is married to the biological mother at the time of birth of the child (regardless of whether the male is the biological father!);

2.) If the male goes through a court process called "legitimation"; or

3.) if the male adopts the child.

In Georgia, a father CANNOT obtain parental right simply by signing the birth certificate. As such, there is no process to "remove" the father's name from a birth certificate, because the male's name on the birth certificate has no legal significance.

If you were married to the male at the time of the birth of the children, he is by law, the "father" of the children and is entitled to parental rights. You will need to hire a Georgia family law attorney to go to Court on your behalf to terminate his parental rights. This is especially true if your new husband wants to adopt the children as his own -- the prior father will have to give up his parental rights first.

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

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Answered on 10/14/10, 12:43 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You committed a felony, as did the person wo signed the birth certificate.

Having said that Phillip is completely incorrect. There is a procedure to correct a birth certificate. Call me at 404-768-3509 to discuss it.

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Answered on 10/16/10, 10:39 am


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