Understanding De Facto Parent Status

Summary

In Georgia, both parents generally have equal rights and responsibilities towards their children. However, if your husband is not the biological father or has not legally adopted the child, he may need to explore other options such as filing for de facto parent status to establish his rights.

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my husbands ex has taken his kids away and we want to know if he has any rights to his son
What state are you currently residing in? This is important as child custody laws vary from state to state.
Georgia
What is the current custody arrangement as per the court order? In Georgia, both parents generally have equal rights and responsibilities towards their children.
there has been no court order and he is not the bio dad to Greyson but the mother does not know who the dad is and he has been there since she was pregnant with Greyson
Has your husband legally adopted Greyson or established paternity in any way?
no he has just been there his whole life as the only father figure
Is your husband willing to legally adopt Greyson? In Georgia, a non-biological parent can adopt a child if the biological parents' rights have been terminated.
yes he is but the mother is trying to take him away
Has your husband considered filing for de facto parent status? In Georgia, this can grant him certain rights even if he's not the biological or adoptive parent.
no what is that
De facto parent status is a legal recognition for individuals who have acted as a parent to a child, even if they're not biologically or legally related. It can grant certain rights, like custody or visitation.
the mother and my husband has never been married would that affect anything
In Georgia, marital status doesn't affect the ability to file for de facto parent status. It's more about the relationship with the child.
would that grant us rights to get them on weekends
Yes, de facto parent status can potentially grant visitation rights, including weekends. However, the final decision is up to the court's discretion.
how do we file
To file for de facto parent status in Georgia, you'll need to petition the court. It's recommended to consult with a family law attorney for guidance.
would there be any reason he wouldnt get approved
The court may not approve if they believe it's not in the best interest of the child. Factors considered include the relationship with the child, the child's wishes, and the stability of the home.
thank you
You're welcome, ****! If you need further assistance, feel free to ask. Good luck with your case.