What rights does the father of my son have to him?

UPDATED: Mar 24, 2009

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What rights does the father of my son have to him?

He is separated but still married to another . We where never married . My son has his name . And he signed the birth certificate

Asked on March 24, 2009 under Family Law, Georgia


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

He has just as much right to him as you do.  His marital status has nothing to do with it.  Check out these links:http://www.lexis-nexis.com/hottopics/gacode/default.asp

§ 19-7-1.  In whom parental power lies; how such power lost; recovery for homicide of child

   (a) Until a child reaches the age of 18 or becomes emancipated, the child shall remain under the control of his or her parents, who are entitled to the child's services and the proceeds of the child's labor. In the event that a court has awarded custody of the child to one parent, only the parent who has custody of the child is entitled to the child's services and the proceeds of the child's labor.

(b) Parental power shall be lost by:

   (1) Voluntary contract releasing the right to a third person;

   (2) Consent to the adoption of the child by a third person;

   (3) Failure to provide necessaries for the child or abandonment of the child;

   (4) Consent to the child's receiving the proceeds of his own labor, which consent shall be revocable at any time;

   (5) Consent to the marriage of the child, who thus assumes inconsistent responsibilities; or

   (6) Cruel treatment of the child.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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