Legal Question in Family Law in Georgia

Paternity DNA results

My ex-husband and I just found out that our son is not his. He is still wants his paternal rights but I do not want him to have them. My son is still young and I don't think it is in his best interest that he continue believing that Tom is his dad when he could get to know his real dad and tom too can move on with his other kids.

I don't want child support for him, only for our daughter. Is this possible or can Tom fight to keep visitation right s with my son?


Asked on 3/06/06, 12:23 pm

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

Re: Paternity DNA results

As a general rule, if your divorce named him as the father, a post-divorce test is not going to let you overturn that part of a divorce, as the divorce will be res judicata between you (meaning once an issue is decided you can't relitigate it) and also because courts don't want to delegitimate a child. (that's not an absolute, but is a likely outcome). If you can get the cooperation of both men a judge is more likely to agree.

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Answered on 3/06/06, 1:01 pm


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