Will I Lose Custody If It Is Determined I Am Not The Biological Father?

divorce lawyer Andrea JohnsonQuestion:

I was recently awarded sole physical and legal custody of my child, who my ex-wife now claims is not mine.

She says that the biological father is now going to file for custody.

Is it possible I could lose custody if it turned out I was not the child’s biological father?


I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Georgia paternity laws where I am licensed to practice.

Typically speaking, a child born during a marriage is legally deemed to be a child of the marriage, which means that regardless of who the biological parent is the court’s presumption is that the child belongs to both the husband and wife.

Now that there has been a court order acknowledging you as the father and granting you sole custody of the child then you are the legal father. Your ex-wife will never be able to challenge that.

The only person who will ever be able to challenge that is the biological father.The biological father would have to file a legitimation action and prove that he is the biological father before there is any action taken regarding custody.

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In the event that the biological father does come forward and can prove paternity, so long as he is fit to have custody, he will be able to have custody of the child.

However, if he is not fit to have custody of the child, then there is a possibility that you could intervene and obtain custody as a third party.

Biological parents do have priority when it comes to custody regardless of whom the child has been living with.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with divorce lawyers for men in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Atlanta Divorce Lawyer Andrea Johnson, please contact Cordell & Cordell.

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