Divorce Question

[kcs00]

What is the name of your state?Tn

We recently moved to TN from Ga. I had my daughter BEFORE me and my husband got married and he signed the birth certificate. I know GA has the laws that says I would have had sole custody of my daughter before we married.Now we are thinking of divorcing she is his child that is no question, but he says that he will fight me for custody of her. My question is since she was born before we married do I still have sole custody of her?? and would paternity need to be established?? How would the court look at this situation?? Would they assume that he is the father and grant him custody or visitation?? I dont want it to be easy for him to take my daughter away from me.

 

[seniorjudge]

What is the name of your state?Tn

We recently moved to TN from Ga. I had my daughter BEFORE me and my husband got married and he signed the birth certificate. I know GA has the laws that says I would have had sole custody of my daughter before we married.Now we are thinking of divorcing she is his child that is no question, but he says that he will fight me for custody of her. My question is since she was born before we married do I still have sole custody of her?? and would paternity need to be established?? How would the court look at this situation?? Would they assume that he is the father and grant him custody or visitation?? I dont want it to be easy for him to take my daughter away from me.

Q: My question is since she was born before we married do I still have sole custody of her?

A: No.


Q: would paternity need to be established?

A: It has already been established.


Q: How would the court look at this situation?

A: With a great deal of study, one would hope.


Q: Would they assume that he is the father and grant him custody or visitation?

A: With no assumptions, one would hope.

 

[nextwife]

Q: My question is since she was born before we married do I still have sole custody of her?

A: No.


Q: would paternity need to be established?

A: It has already been established.


Q: How would the court look at this situation?

A: With a great deal of study, one would hope.


Q: Would they assume that he is the father and grant him custody or visitation?

A: With no assumptions, one would hope.

Presuming that this marriage has gone on for more than a year, he is likely the father in your child's life. How old is the child?

Joint legal custody is almost certain. Visitation is almost certain (is he an ax-murderer, child molester, terrorist, or just a STBX?). Custody would be decided by the courts based upon who is pri**** caregiver, the stability of each parent, etc. If each parent is involved, why not look at shared csutody so the child can continue to have both of the parents in their everyday life?