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georgia moms [S][Y][D][N][E][Y]'s Mama 1 child; Georgia 567 posts
26th Oct '12

Baby Daddy & I split up.. So I'm trying to wrap my head around "legitimation".. I've heard he IS & I've heard he is NOT.
Starting off, we were NEVER married.. He did sign her BC when and the "Paternity Acknowledgment of Legitimation" - However I was told that was just saying "I'm her legit father/sperm donor".. Make sense? VS. it making him legitimized as her father to have legal rights!?
I called and spoke with a lawyer and they confirmed it was just saying he's her legit father... But he keeps trying to say that he has legal rights to her just because he pays Child Support (NOT court ordered..YET) & because he signed her BC.

Anyone know?

AMArellano Due December 3 (girl); 2 kids; Dallas, Texas 38 posts
26th Oct '12

I don't know about Georgia but here in Texas till you have the court order of rights ... both parents have 100 percent rights to the child ... if my ex had taken our son and moved or hid them from me I wouldn't be able to do anything about it till I had a court order say I'm the primary caretaker

Kelly&Coralie 1 child; Rochester, NY, United States 56009 posts
26th Oct '12

He signed the paternity affidavit. I'm pretty sure that means he has rights to her.



Why don't you want him to have rights?

[[Breezy]] 1 child; Savannah, Georgia 14986 posts
26th Oct '12

Yes y'all both have equal rights.

user banned Due April 2; Georgia 7200 posts
26th Oct '12

The lady from HR that had my SO fill that out told him he had to turn it in to our local court for it to mean he had rights to our sons. We never have, so I'm not 100% sure she knew what she was talking about, but my SO is a cop, and has to deal with this from time to time, and even he has told me that if I were to leave him, he wouldn't have rights that he'd have to take me to court for them. I think it's pretty messed up, if that's the case.



Edit: I screwed up when explaining it to SO. Yes, if he signed the Paternity Affidavit and ya'll were never married and split, your BD has equal rights as you. Sorry for what I first post, I thought I'd explained it to him, but he's playing COD, so "he didn't hear me".

[S][Y][D][N][E][Y]'s Mama 1 child; Georgia 567 posts
26th Oct '12
Quoting Kelly&Coralie:" He signed the paternity affidavit. I'm pretty sure that means he has rights to her. Why don't you want him to have rights?"


I never said I didn't want him having rights..
He's being a dick and keeps threatening me to take me to court for joint custody... He "thinks" I'm trying to keep her from him, which isn't the case.
In regards to getting LO to daycare I have to rely on my sister & mom (plus him) because I get up at 3am - He thinks I put my family in her life before him, but he also doesn't understand that I have to accomodate EVERYONE's schedule since they do help... A LOT!

I've looked online everywhere and everything has stated that if he hasn't taken it to court to be legitimized then I have 100% legal guardianship.
The only two legal ways to be legitimized is
1. Being married at time of birth (which we weren't, so thats ruled out)
2. Court (which he hasn't done)

"By completing the Paternity Acknowledgment Form, the following benefits can occur:
1. The biological father's name gets added to the child's birth certificate
2. Financial support may be received from the father
3. Child may be eligible for Social Security benefits from the father"

Also found..
" In the State of Georgia, if a child is born out of wedlock, the MOTHER is the only parent who is entitled to custody of the child. A father must file a petition in Superior Court to legitimate his relationship with the child..blah blah blah.

It is important to note than an acknowledgment of paternity does NOT constitute a legal determination of legitimation pursuant.. Therefore, the mother is still considered the ONLY LEGAL parent"


So from what I've gathered, he does not have legal rights. Me just being me, he keeps running his damn mouth and stressing me out, I'm going to show him.

Kelly&Coralie 1 child; Rochester, NY, United States 56009 posts
26th Oct '12
Quoting [S][Y][D][N][E][Y]'s Mama:" I never said I didn't want him having rights.. He's being a dick and keeps threatening me to take ... [snip!] ... he does not have legal rights. Me just being me, he keeps running his damn mouth and stressing me out, I'm going to show him."


Why not stop the bickering over the rights and just go to court? Does someone HAVE to be right or wrong?

[S][Y][D][N][E][Y]'s Mama 1 child; Georgia 567 posts
26th Oct '12
Quoting Kelly&Coralie:" Why not stop the bickering over the rights and just go to court? Does someone HAVE to be right or wrong?"


Uh no heffer, I never said someone had to be right or wrong.
But HE has to be the one to petition to become legitimized.. I can't do it for him.

Kelly&Coralie 1 child; Rochester, NY, United States 56009 posts
26th Oct '12
Quoting [S][Y][D][N][E][Y]'s Mama:" Uh no heffer, I never said someone had to be right or wrong. But HE has to be the one to petition to become legitimized.. I can't do it for him."



You can take him to court for visitation and shit



And the namecalling is seriously unnecessary and childish.

[[Breezy]] 1 child; Savannah, Georgia 14986 posts
26th Oct '12
Quoting [S][Y][D][N][E][Y]'s Mama:" Uh no heffer, I never said someone had to be right or wrong. But HE has to be the one to petition to become legitimized.. I can't do it for him."


Did you really just call her a heffer? lmao.

Kelly&Coralie 1 child; Rochester, NY, United States 56009 posts
26th Oct '12
Quoting [[Breezy]]:" Did you really just call her a heffer? lmao."


IKR?



She couldn't even spell it right

[S][Y][D][N][E][Y]'s Mama 1 child; Georgia 567 posts
27th Oct '12
Quoting Kelly&Coralie:" IKR? She couldn't even spell it right"



Really.. Because THAT didn't seem childish, sounds like some high school dumb bitch drama. But my freaking point was to see what rights, if any, he had just from signing the BC & Paternity Acknowledgment... For the simple fact he keeps threatening to take me to court for joint custody. But before I tell him he's dumb and cant do that because he's not legitimized, I want to make sure I have my facts straight. I didn't need your bitchass to tell me to stop "bickering" about it. Nor will I take him to court for visitation.. If he wants to see her & have rights, thats on HIM, not me - I'm not pushing her on him.

It's Delivered 33 kids; Georgia 15057 posts
27th Oct '12

Georgia prefers joint legal joint physical if both parents are competant.

[S][Y][D][N][E][Y]'s Mama 1 child; Georgia 567 posts
29th Oct '12
Quoting It's Delivered:" Georgia prefers joint legal joint physical if both parents are competant."


So if both parents agree to joint, thats what they'll grant? But if I said no?
I'm not comfortable with it.. Only because he's made some questionable decisions in the past with people, those guys went to prison (not sure if it was related to what happened..) & BD got his life together. Well, BD just recently decided to get a Facebook account & has found those guys even though some of them are still in prison... Apparently they're on the "good behavior" list so get internet access? Good thing is, their in Florida.. Bad thing is, MIL lives in Florida & when/if BD wants to take her with him to visit, I'm not going to be comfortable.. worried if he has her around these people.
But in general.. He's contacting people from his past... Can you see where I'm coming from?