Legal Question in Family Law in Georgia

Re: Rights

Most likely yes,if GA law is the same as AL. You cannot just not pay child support, even if both parties agree. The child would have to be adopted by someone else for his responsibility to stop.

Re: Rights

If the woman listed your husband as the father of the child on the birth certificate, then he will most likely be responsible to support that child unless he can prove he is not the father. One way to verify whether the child is his is for him to take a paternity test (basically a DNA test) to estabish whether he is in fact the father. If a test is conducted and the test confirms that he is the father, the mother can then ask the court to award court ordered child support.

Parental rights can also be terminated: See the following:

Ga. Code Ann. � 15-11-94 (WESTLAW through 2000 Gen. Assem.)

In considering the termination of parental rights, the court shall first determine whether there is present clear and convincing evidence of parental misconduct or inability. If there is clear and convincing evidence of such parental misconduct or inability, the court shall then consider whether termination of parental rights is in the best interest of the child, after considering the physical, mental, emotional, and moral condition and needs of the child who is the subject of the proceeding, including the need for a secure and stable home.

The court, by order, may terminate the parental rights of a parent with respect to the parent's child if:

The written consent of the parent, acknowledged before the court, has been given; acknowledgment before the court is not necessary where the parent or parents voluntarily surrender the child for adoption.

A decree has been entered by a court of competent jurisdiction of this or any other State ordering the parent, guardian, or other custodian to support the child, and the parent, guardian, or other custodian has wantonly and willfully failed to comply with the order for a period of 12 months or longer.

The parent has abandoned the child or the child was left under circumstances that the identity of the parent is unknown and cannot be ascertained despite diligent searching, and the parent has not come forward to claim the child within three months following the finding of the child.