Legal Question in Family Law in Georgia
Legitimize Paternity
I have a friend who is going through a divorce. She has a 4 mo old son and her husband signed the childs birth certificate at birth but is not he childs father. He knew that when signing the birth certificate. The biological father wants to be named on the birth certificate and the ex-husband wants to be removed. What does she need to do to get the ex-husband removed and the biological father added, since there is no objection from the ex that is on the birth certificate. Does she need to get a DNA test or can it be done since all parties agree? What kind of paperwork is involved in this procedure? Would it just be the legitimize procedure or would it require more since there is already a named person on the birth certificate?
1 Answer from Attorneys
Re: Legitimize Paternity
The child will ALWAYS legally be the husband's UNLESS the divorce decree says otherwise so she has a very complex divorce and should get good legal counsel immediately.
If she can get her husband's cooperation, that may hold the costs down.
Once the divorce is over, a second case will be needed to correct the birth certificate and legitimize the child. The state of Georgia must be served with that case.
My office handles these type cases.
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