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  1. #1
    Join Date
    Dec 2008
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    Unhappy My Fiance is Not the Biological Father and He Signed the Birth Certificate

    My question involves paternity law for the State of: Georgia

    I left my ex-boyfriend in June of this year. We had a one month old child together, yet he did not sign the birth certificate because I did not tell him I was pregnant. I live with my parents and have a protective order against him. I have been talking to him secretly just to keep him happy and have seen him a few times, we talk on the phone sometimes and I have sent him pictures.

    She is now eight months old and he wants to finally sign the birth certificate. I do not want him to have anything to do with her, because he is very abusive, and I don’t want him to hurt me or her again. When I left him I met and fell in love with a man who happened to love my child. He signed her birth certificate and he is not the biological father. We are planning on getting married in February. Is there any way possible that her biological father a can try and take her from me and have my fiancé’s name removed from the birth certificate?

  2. #2

    Default Re: My Fiance is Not the Biological Father and He Signed the Birth Certificate

    Quote Quoting notsohappy
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    My question involves paternity law for the State of: Georgia

    I left my ex-boyfriend in June of this year. We had a one month old child together, yet he did not sign the birth certificate because I did not tell him I was pregnant. I live with my parents and have a protective order against him. I have been talking to him secretly just to keep him happy and have seen him a few times, we talk on the phone sometimes and I have sent him pictures.

    Stop playing these games with him. If you don't fear him enough now, you'll fear him more once you really piss him off by either getting him arrested for violating the court order (and no, it doesn't matter that you wanted the contact) or when he finds out that you've been stringing him along while seeing someone else. A huge majority of women who end up dead at the end of an abusive relationship have dynamics similar to what you describe. Draw the line in the sand, and move on.


    She is now eight months old and he wants to finally sign the birth certificate. I do not want him to have anything to do with her, because he is very abusive, and I don’t want him to hurt me or her again.
    That's why you have the restraining order - and you can work on a personal safety plan to further keep yourself safe. However, you need to understand that unless your daughter is included in that order, if he pushes the issue and establishes paternity, he is very likely to be awarded some level of custody or visitation. Only in the most extreme circumstances will a court totally cut a father out of the life of their child.

    When I left him I met and fell in love with a man who happened to love my child. He signed her birth certificate and he is not the biological father.
    That's called fraud, and it's not the way to achieve what you want. In fact, it is likely to make matters more complicated and will be ammunition that your ex will use against you in court.

    We are planning on getting married in February. Is there any way possible that her biological father a can try and take her from me and have my fiancé’s name removed from the birth certificate?
    Yes, there is. He can ask the court to order a paternity test. It probably won't result in the child being removed from you, but if he's the father, would result in the father's name being placed on the birth certificate, as well as the typical issuing of court orders for custody/visitation and child support. In other words, once you have a child with someone, if that person WANTS to be part of the child's life, it means that your life is going to be at least minimally tied up with that person in some fashion (even just arranging visits) until the child is 18.
    Catherine NeSmith
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