Legal Question in Family Law in Georgia

Praternity

My estranged wife and I were seperated for about 7 months. We reconciled only to permanently seperate again 2 months later. In February she had a baby. Per child support enforcement, I participated in a swab test for DNA. Twice she refused to bring the baby. Now we are attempting to file uncontested divorce, but she put my name on the birth certificate. What do/can I do to rectify my name as not being the father to avoid future child support issues from her after the divorce.


Asked on 8/27/07, 11:48 am

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Paternity

First of all, get a lawyer immediately. This is NOT a case that can be handled as a simple uncontested divorce.

Under Georgia law, you are the parent and must support the child unless you disprove paternity. Since she refuses a test, you need a lawyer to file a contested divorce and order a test. Otherwise you are the parent and you still have a contested case as well (as the court will have to decide support, etc.)

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Answered on 8/28/07, 11:37 pm


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