Legal Question in Personal Injury in Georgia

What is my childs rights

Maybe this will fall under breach of contract. X husband signed a divorce paper that stated he was not the father of my child and I also signed it.It states that neighther party can persue paternity. Although she is his, and he knows this. Have plenty of letters to proove it. She is eight now. He knew I was having finachial problems and played on that. He told me he would help take care of her. So I allowed him to see her and after he told her he was her daddy he dropped out of the picture. Now I want to know if i can sue him in any kind of way. He has emotionally scared my child.THere is more to tell but just a little to go on. Also have pictures of them together. PLEASE RESPOND TO THIS Tammy


Asked on 7/12/02, 6:00 pm

2 Answers from Attorneys
Jim Hough Thomas J. Hough, Jr., P.C.

Re: What is my childs rights

Unless procured by fraud, a marriage settlement agreement which is made a part of the final judgment and decree in a divorce case is binding. I don't believe your child has any rights. I am sorry you entered such an agreement.

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Answered on 7/13/02, 12:41 am
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Re: What is my childs rights

Was your child represented by their own attorney or gaurdian ad litem during the divorce. If not, children born during the marriage are generally not precluded from bringing a subsequent paternity suit because they were not parties to the divorce proceeding and they are not deemed to be in privity with a party thereto. Courts reason that a child is not in privity with the wife because the interests of the two are divergent. Recommend talking to an attorney in your area for your child to see if your child can bring her own law suit.

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Answered on 7/13/02, 11:15 am


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