Legal Question in Family Law in Georgia
A motion for temporary child support was filed by the mother, or on behalf of, the mother within the fathers legitimation paternity suit, The father did not appear at the final trial hearing for legitimation.
Will a judge dismiss a legitimation when a pending motion for order for support is sought by the mother within the same action if the petitioner (biological father) never shows up to his own final trial hearing?
My concern is regarding the pending motion of child support filed within the legitimation action. Will I have to sue in a seperate action or will the judge rule on the motion first before dismissing FWOP?
1 Answer from Attorneys
First of all, she should be asking her lawyer.
Second, if she filed a "Motion" that was not likely the correct procedure. Could it have been a "Counterclaim?" (followed by a motion). A Counterclaim can survive the dismissal of the main complaint.
Third, since you indicate the non-appearance already happened, she already should know the answer, as she would have heard it from the judge at the hearing.
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