Fitzgerald, GA asked in Child Custody for Georgia

Q: Can a man not proven the father of a child file for rights?

My son is 4. My ex is assumed to be the father. He lives in PA. He’s never met my son or attempted to really be a father. He asked me to send my son to PA to stay with him for a entire summer. I said no and was trying to discuss with him my now husband adopting my son since my son believes my husband is his real father. He got mad and said he was going to file for rights. He’s not on the birth certificate and there is no DNA to prove my son is his. Can he file even if he has no proof my son is his?

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1 Lawyer Answer
Tyler Carey
Tyler Carey
Answered
  • Divorce Lawyer
  • Covington, GA
  • Licensed in Georgia

A: Yes, he can. Your ex will likely file a legitimation action, and ask for a DNA test. Not being on the birth certificate is not proof or disproof of paternity.

I would consult with local counsel to protect your rights!

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