He doesn't need to adopt the child, he simply needs to file to establish paternity. As long as neither you nor your ex husband (the child's legal father) object to him establishing paternity it should not be a huge ordeal.
However, if you want it to go as quickly as possible, he needs an attorney to handle the matter.
Did you even look at the law?
Has ex-husband been ordered to pay child support? Or was that more fraud upon the court?
He cannot just file to establish paternity.
§ 19-7-54. [Motion To Set Aside Paternity].
(a) In any action in which a male is required to pay child support as the father of a child, a motion to set aside a determination of paternity may be made at any time upon the grounds set forth in this Code section. Any such motion shall be filed in the superior court and shall include:
(1) An affidavit executed by the movant that the newly discovered evidence has come to movant s knowledge since the entry of judgment; and
What is the NEWLY discovered evidence? That is the problem. There is no newly discovered evidence.
(2) The results from scientifically credible parentage-determination genetic testing, as authorized under Code Section 19-7-46 and administered within 90 days prior to the filing of such motion, that finds that there is a 0 percent probability that the male ordered to pay such child support is the father of the child for whom support is required.
Ex husband would HAVE to file for a paternity test and be found to have a 0 percent probability. Which can happen.
(b) The court shall grant relief on a motion filed in accordance with subsection (a) of this Code section upon a finding by the court of all of the following:
(1) The genetic test required in paragraph (2) of subsection (a) of this Code section was properly conducted;
(2) The male ordered to pay child support has not adopted the child;
(3) The child was not conceived by artificial insemination while the male ordered to pay child support and the child s mother were in wedlock;
(4) The male ordered to pay child support did not act to prevent the biological father of the child from asserting his paternal rights with respect to the child; and
(5) The male ordered to pay child support with knowledge that he is not the biological father of the child has not:
(A) Married the mother of the child and voluntarily assumed the parental obligation and duty to pay child support;
Five is the issue. Because he did not try to disestablish paternity at the time of the divorce he can't do so now.
(B) Acknowledged his paternity of the child in a sworn statement;
Both left this out of the divorce.
(C) Been named as the child s biological father on the child's birth certificate with his consent;
Guess what -- he was named with his consent. he fails this one too. If he was not named with his consent he would have fought it at the divorce. He didn't. He has consented for the last fourteen years.
(D) Been required to support the child because of a written voluntary promise;
(E) Received written notice from the Department of Human Services, any other state agency, or any court directing him to submit to genetic testing which he disregarded;
Don't know about the above two.
(F) Signed a voluntary acknowledgment of paternity as provided in Code Section 19-7-46.1; or
(G) Proclaimed himself to be the child s biological father.
He proclaimed himself daddy when he didn't fight it at the divorce. That is a big issue. Hence he cannot DISESTABLISH per the law. Got anything that backs you up?
There is no new information here. paternity cannot be disestablished by dad nor established by biological father at this point because 14 years has elapsed. If they would have handled this properly at the time of the divorce, this would NOT be an issue. Because all the parties perpetuated fraud, this is an issue.
Then even if he can convince a court to allow dad to disestablish and biological father to establish, bio father still has to legitimize the child. How long does bio daddy have?
