If I’m not my child’s biological father but am listed on her birth certificate, what are my rights?

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If I’m not my child’s biological father but am listed on her birth certificate, what are my rights?

I am not the biological father of the oldest but I have been taking care of her since she was a month old and I am the only dad she knows. I am not sure who her biological father is. We had her birth certificate amended to have me as the father when she was a month old. I am the only one that can take care of her but I know my wife will try to turn her life upside down out of spite. My wife is in and out of the hospital (where she is currently) and jail. Do I have the same rights to her as my other children?

Asked on October 30, 2012 under Family Law, Georgia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to sit down with a lawyer and go through the process of reviewing your true rights. A component is being listed on the birth certificate. That is good. A second componenent is whether a legal adoption will be necessary or if in the eyes of your state's court more is not necessary. You should consider reviewing this with a family lawyer, seeing if you can petition for a restraining order against the mother for your child's benefit and petition for full custody.


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