Legal Question in Family Law in Georgia

I was dating a woman almost two years ago while she and her husband were getting divorced. Before she was actually divorced, she gave birth to a baby boy that I believe is mine. During the divorce proceedings between her and her husband, she said in court that she believed that I was the father. This was almost a year ago, and she did not let me see the baby when he was born or since. I've sent emails, texts and tried calling because I would like her to submit to a DNA test so I can find out for sure. She is collecting welfare for the baby, and I tried going to that office, but they couldn't help me. Is there any way I can go to the courthouse and file something without hiring a lawyer? Money is tight right now but I need to know if he is my son. She is currently living in Cobb County if that matters. Thanks!


Asked on 3/09/13, 3:52 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Under Georgia law, her ex-husband is presumed the father unless the divorce papers say otherwise. Get a copy of the papers. They are a public record.

The sit down with a lawyer. This is NOT a do it yourself project and involves complex legal issues. Be aware that not only will you likely have to pay a lawyer (and maybe hers), but if you succeed you will also owe child support andmay have to reimburse the state for some of her welfare payments. You will also have to pay for the DNA testing in most cases. This is going to be expensive, difficult and traumatic (and heart-breaking if you're wrong). Be aware that the longer you wait the less likely it is that a court will allow you to proceed.

Let me repeat - this is NOT a do it yourself project.

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Answered on 3/09/13, 4:19 pm


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