Legal Question in Family Law in Georgia
Parernity Civil Suit
A friend received papers from his x-girl friend for this. He has been paying child support for 7 years and now she is filing this suit because, I guess the State of Georgia does not recognize him as the father because a parernity test was never done and they were never married. He received papers from a lawyer asking 36 questions and wanting information about income and property owned for the last five years and only giving him 30 days to find the paperwork. My quesiton is, what happens if he does not comply with the order? Can he still see his son and does he have to still pay the child support he is paying at this time?
1 Answer from Attorneys
Re: Parernity Civil Suit
As the father of an illegitimate child he has no access rights to the child, only a duty to support. If he is interested in being a part of the childs life he should file a claim to legitimate the child so that he does have access/visitation rights. A paternity test is a good idea, since once the court says he is the father, he is the legal father. He needs to dispute paternity now if there is any doubt at all. If he has been personally served with a paternity suit and there were interrogatories and a notice to produce then he has to comply with those requests in accordance with the state law. He should just do the best he can to comply. But, he first needs to seek an attorney and get legal advice so that he knows his legal rights in regard to what he has to answer and in regards to his rights regarding child support, visitation,etc.. He has 30 days from the date of service to file an answer to the complaint. Once this all goes down it will be more difficult than ever to get anything changed once the courts have rendered their verdict. He should seek legal advice now, not later when he is saddled with excessive child support obligations or denied visitation.