Dahlonega, GA asked in Family Law and Child Custody for Georgia

Q: How long after child's birth does a man have to claim he is the father when his not on birth certificate

Do I have to submit to my son having a court ordered DNA when my son is almost 3

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3 Lawyer Answers
Priscilla T. Upshaw
Priscilla T. Upshaw
Answered
  • Powder Springs, GA
  • Licensed in Georgia

A: The answer is yes, at 3 you and your son would be required to provide DNA samples. However, even with positive DNA, Georgia will not recognize you as his legal father. The next step would be legitimation. This is where your legal rights to the child will be secured. It is best to contact an attorney who can assist you with the specifics of your case.

We are glad to assist you. Contact us whenever you are ready.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

Ellaretha Coleman
Ellaretha Coleman
PREMIUM
Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: Whether you will be required to submit to a DNA test will depend on the judge. Some judges will not grant a legitimation without DNA testing, but most will if there is no issue of paternity. That is where neither party is contesting that you are the biological farther. In order to establish your rights, you will need to file a legitimation action in court. Once the legitimation order is granted, you can also be added to the birth certificate. The court can also establish custody and visitation and set child support.

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

A: This is a matter that the judge will decide after reviewing the facts of the case. However, at three it’s not too late to have a DNA test to confirm who the father is, even if he’s not on the birth certificate. If you are the father of the child you will want to work with an attorney regarding filing for legitimation. This will give you legal rights to the child. -Homer P. Jordan IV, Esq. 404-620-1558

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