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
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.
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.
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
