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Paternity FAQ
Is DNA testing useful?
A DNA test is very effective in determining the biological parentage of
the child. It is affordable and easy to do, involving a swab of cheek
cells from both the possible parent and the child. The result is usually
available in a short time.
Can I get some support for my child even though
I am not married to the father of my child?
Yes, it is possible to obtain child support through a court order, perhaps
through a paternity suit.
Can I get visitation or custody, even though
I was not married to the mother, and am not on the birth certificate?
The law allows you to request such rights through a legitimation suit;
in such a case, the court is likely to also establish the child's name,
from whom he or she may inherit, and child support.
I want to provide for my child, but I am not
the child's biological father. Should I agree to a child support order?
That is a personal decision. But if you know that the child is not yours,
it will be very difficult to undo such an order. In the event there is
no child support order, you can still elect to support the child, voluntarily,
but even then, you may well be setting a precedent which a court will
follow should you change your mind later. The best suggestion (next to
consulting with an attorney), is to carefully consider the long term and
to reach an agreed upon arrangement regarding support, time spent with
the child and all other issues, if indeed you desire to be a part of the
child's life. A lawyer can help you determine how best to achieve these
goals, either through an adoption, a legitimation proceeding, a custody
case or any of a number of other options.
I believe that the child I have been paying
child support for is not my biological child. What should I do?
The worst thing you can do is do nothing, in part because the court may
view your inactivity as acceptance of the situation. You should consider
DNA testing. A lawyer can discuss this with you in detail and properly
advise you.
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I am getting a divorce, and am not sure that
a child born during my marriage is my biological child. My Wife wants
me to agree to a final child support order. Would I be wise to do so?
Probably not. Child support is a very significant commitment, and a Court
Order including child support is hard (but not necessarily impossible)
to change. If you doubt that you are a child's biological parent, find
out as soon as possible, and do not agree to a final child support order
without insisting on a DNA test, just to "get along".
Will the Courts award back child support for
the time I raised the child prior to getting a child support order?
In Georgia, some expenses involved in birthing and raising a child may
be available, but back child support is generally not available.
Will the Court allow me to stop paying child
support even though, I have paid child support, knowing that the child
I am paying toward is not my biological child?
Perhaps not. Although Courts are sympathetic to parents who are surprised,
or who have been deceived by their spouses, it is much harder to reverse
a child support order where the parent appears to have accepted and known
that the child was not his biological issue but decided to pay anyway.
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