Atlanta, GA asked in Child Support, Divorce, Family Law and Child Custody for Georgia

Q: During divorce can a judge order husband to maintain visitation and support for non biological child born into marriage

Husband has claimed and supported the child emotionally and financially since birth knowing the possibility of the child not being his. He agrees to care for the child however/ whenever he chooses and maintain relationship after divorce but doesn't want to be forced to pay child support.

3 Lawyer Answers
Regina Irene Edwards
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Answered
  • Divorce Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: The Husband is the legal father. If he remains the legal father, than both parenting time and child support determinations are required.

Homer P Jordan IV agrees with this answer

1 user found this answer helpful

Homer P Jordan IV
Homer P Jordan IV
Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: I have to agree with my colleague, it sounds as though the husband is the legal father. The courts will have final say over child support requirements. You may want to consult with an attorney who can help you plan the best course of action. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

1 user found this answer helpful

Kim Ebert
Kim Ebert
Answered
  • Lithia Springs, GA
  • Licensed in Georgia

A: For public policy reasons, any child born during a marriage is presumed to be the legal child of the Husband. To overcome such a presumption, the putative father would need to intervene of his own accord in the divorce. Consult with an attorney to ensure your interests are protected. Paying attorney's fees for the optimal outcome under the circumstances is prudent and generally a sound investment in a child's future compared to the alternative.

1 user found this answer helpful

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