Tuesday, November 18, 2014

Recently divorced my ex and I have 3 children of which the oldest is not biologicqlly mi e. I am on the birth certificate and we married sho...

Question

Recently divorced my ex and I have 3 children of which the oldest is not biologicqlly mi e. I am on the birth certificate and we married shortly after her birth. We have custody, support and visitation arrangements in place, and now after almost a year and several motions from my ex for several different reason to return to court she has filed another motion to have my parental rights taken because I am not the biological father of our oldest. I have been paying support this whole time for her as well as have joint legal custody and visitation s that we both agreed to. I don't want to lose my rights. What I am looking at?



Answer

She shouldn't win if you fight it and your facts are complete and true

Hire a lawyer ASAP

Good luck

Ralph (770.985.6773 - answered 24x7)



Answer

In general, assuming you do not defend this pro se and get the lawyer you MUST get, you have a good chance to prevail. Courts do not like to "basterdize" children (to quote an old Georgia Supreme Court case) and your divorce decree is likely res judicata as to custody. Nonetheless this is complex, and you need to retain a lawyer ASAP.

Glen Ashman - 404-768-3509



Answer

I agree with Mr. Villani and Mr. Ashman. You need to retain the services of an attorney who understands the law and will fight for your rights.



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