Acworth, GA asked in Family Law for Georgia

Q: If i was married while my son was born (with a different guy) what right does my sons father have?

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1 Lawyer Answer
Natalie Ann Green
Natalie Ann Green
Answered
  • Woodstock, GA
  • Licensed in Georgia

A: You need to be more specific - which father? The biological father or your husband (who will be presumed to be the legal father)?

The biological father should file a legitimation case and ask for DNA to confirm paternity. Your husband has legal rights to the child until the biological father asserts his rights to the child via a legitimation order. If you are no longer married, the biological father does not have rights to now ask for legitimation - he still needs to go to court and legitimate.

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