Asked in Family Law for Georgia

Q: I was with an married woman and she became pregnant. There is a good chance the baby is mine and i wanna know if she is.

Ive asked her to go do a prenatal paternity test with me but she says no that she has already had a test done. I believe she sent me fake papers where she has had a test done. She is still married

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3 Lawyer Answers
Kim Ebert
Kim Ebert
Answered
  • Lithia Springs, GA
  • Licensed in Georgia

A: Under Georgia law very strong proof is necessary to overcome the presumption that the husband is not the child's father. It's not easy but it can be done. I am speaking from a purely objective view, so bear with me, but remember, if paternity is established, you will incur a legal duty to support your child so long as the child is a minor, and in certain circumstances, even longer or perhaps forever. Please consult with an attorney about this. The Court is definitely going to consider the best interests of the child, and unless your case is presented professionally, it may very well be denied.

Regina Irene Edwards
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Answered
  • Atlanta, GA
  • Licensed in Georgia

A: Her husband is the legal father. You can try to overcome the presumption, but it is often difficult. Consult an attorney to discuss your options.

P. Justin Thrailkill
P. Justin Thrailkill
Answered
  • Fayetteville, GA
  • Licensed in Georgia

A: She could've tested her husband, but you would have had to have given a sample in order to be tested. If you think the child is yours, you need to consult with an attorney about filing for legitimation if you want to have rights to the child.

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