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  1. #1
    Join Date
    Nov 2007
    Posts
    2

    Default Ex-Husband and Non-Biological Father Wants Custody After Divorce

    I live in georgia, and was divorced in georgia. This is rather complicated. I'll try to just hit the main points.

    I was married 5 years. In the second year, my wife and I decided to have a child. A daughter was born. At 11 months old, her mother left for 18 months for work related to her job. She was gone a month and called and said she wanted a divorce. She had a history of cheating already and I guessed she was at it again. I agreed, but stated that I wanted custody. She agreed, but ask that I wait till she got back. I asked if I was our daughters bio dad and she said I might not be. This did not change the fact that I still wanted our daughter, but I wanted to know just for peace of mind. My wife returned home shortly there after for a few days and a DNA test was done. I was not the bio dad. My wife then went over seas for what was to be a year while I raised our daughter alone with the understanding that I was going to get custody. But about a month before My wife was due to return, she told me she was pregnant again and she wanted me to take both children. I refused. She said it's both or none, and I still refused. I, not knowing my rights or anything about childrens rights, went to an attorney and relayed this story to her. My attorney drew up a uncontested divorce that ordered no rights to custody or visitation. no child support and name removed from birth certificate. It's obvious that my attorney wasn't listening to what I was saying I wanted. But I assumed being the non-bio dad, that was the way it was just to be without my wifes approval.

    So my now ex-wife losses her job, being unable to travel but continues to my absolute delight to help me maintain a relationship with my daughter. And she incourages a father like relationship with her second child. this goes on for years and the are both calling me dad and their true bio dads don't even exist in there lives. My ex and the kids moved in with me too for about 2 years. But My ex- flipped bigtime. It was a combination of things and I'm not even sure what really set her off, but she just cut me off. The last time I spoke to my daughter was almost 18 months ago. They have moved out of state and I can't get an answer when I call. So in August of this year, I thought I would see if I could get a copy of the birth certificate to see if my name really was removed. It IS still on there! And she is almost 12 now! Is there some way for me to get the court to reinstate me as the legitimate father? Or at least visitation? How do I get an addendum to the divorce? Vital statistics says I'm still father as does Child and Family Services. I'm listed as father at Social Security office too. Alot of people are rooting for me it seems except some lawyers I've spoke to. My ex- has a copy of the court order saying I'm have no rights. How do I proceed? I've been told custody, visitation, support are all normal things that get changed as situations change. And if my name has been on the birth certificate for more that 9 years after the divorce, can she still use a nine year old Court Order to remove it now? And did the court error in removing my name the way they did? almost 3 years after it went on there, more than a year after a DNA test was done and bio dad unavailabe. They turned a child born legitamately, in marrage into an illegitamate child. I know there are plenty of ex husbands out there that had to pay support for children that were not theirs, so how was I allowed to get out of it? There are other issues too, I make decent money, steady job, insurance, very stable. My Ex- can't hold a job, move frequently, dabbles in drugs, arrest record, bad credit, and going threw men and woman like crazy seems to prefer married men too. I have loved her as a friend for years, but she's turned out to be a real nut! I need help!

  2. #2
    Join Date
    Nov 2007
    Posts
    2

    Default Re: exhusband, non-bio. father wants non-bio daughter

    Another question.
    Is it true that a uncontested divorce in Richmond County, GA does not go before a judge? I was told that if both parties sign the uncontested divorce, neither husband or wife have to go to court. The attorney simply files it with the clerk. This doesn't sound possible, but I'm not familiar with the process and it's been awhile sense I was told this. My certifided copy of the divorce decree does not have a judges signature anywhere on it. only the clerk's signature at the time of the divorce, and another sheet signed by the current clerk. I got this copy in August this year. The same day I got copies of the birth certificate.

    please excuse the spelling. I found this sight late at night and I'm tired.

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