I was married to a man who I thought was my child's father, he signed the birth certificate. We are now divorced and the real father of my child and I are married now. He is wanting to have her name changed. My ex does not know this.What is the law for her real father as far as this matter is concerned? Does he have rights and what about my ex that signed the birth certificate? I live in Georgia.

How old is the child? Has DNA been done to PROVE paternity?

Your former husband did nothing wrong since a husband is the presumed father. So your ex is his legal father. Depending on how much time has passed depends on whether you or the bio father can mount a paternity challenge. You should seek the advice of a local attorney to mount that challenge.

The child is 5 and yes DNA was done.

The real bio father needs to file to contest the paternity of the child. You will need an attorney.
Till then the legal father ( ex) is liable to pay child support. This should help get him on board to get this done.

My two cents here:
1. In Georgia the biological father is ALWAYS the legal father and there is no time limit a presumed paternity to be rebutted.
2. The biological father is usually ordered to pay back child support till child's birth to the former legal father, and also there is an existing possibility the biological father to be sued for emotional damages,too.

My two cents here:
1. In Georgia the biological father is ALWAYS the legal father and there is no time limit a presumed paternity to be rebutted.
2. The biological father is usually ordered to pay back child support till child's birth to the former legal father, and also there is an existing possibility the biological father to be sued for emotional damages,too.


Was HOPING you would come along - a "like" and applause.

I have such difficulty keeping the States straight.