He wants DNA test

[gamom97]

What is the name of your state (only U.S. law)? GEORGIA
I filed for child support in 2002, and my daughter's father did not show up for the hearing. Paternity was established by court order, and he has been paying off and on since then. My daughter is now 14, and her father asked me earlier today for a DNA test. He says he asked child support enforcement but they told him it was too late. He thinks they will perform the test if I ask them to. If they told him it was too late, will it make a difference if I request the paternity test? And if we get tested independently how will that affect the child support?

 

[Proserpina]

What is the name of your state (only U.S. law)? GEORGIA
I filed for child support in 2002, and my daughter's father did not show up for the hearing. Paternity was established by court order, and he has been paying off and on since then. My daughter is now 14, and her father asked me earlier today for a DNA test. He says he asked child support enforcement but they told him it was too late. He thinks they will perform the test if I ask them to. If they told him it was too late, will it make a difference if I request the paternity test? And if we get tested independently how will that affect the child support?

Why are you wanting to test now? He's the child's legal father. Is there another possible biological father?

(Neither of you can petition the court for a DNA test - it would have to be a private test)

 

[gamom97]

Yes, there is a slight possibility someone else could be the father which is why I'm willing to have the test done. I was 14 when I got pregnant, he was my first. But there was one other person I slept with once. I just want him to have the proof so he can stop neglecting her. I'm sure he's hoping she's not his so he won't have to pay child support. He just got out of jail for not paying and also just got a new great paying job. He doesn't think she's his because I wasn't officially his girlfriend. I don't mind getting tested privately, but if the test says he's not the father would I have to pay back the small amount of CS he has paid over the years?

 

[Proserpina]

Yes, there is a slight possibility someone else could be the father which is why I'm willing to have the test done. I was 14 when I got pregnant, he was my first. But there was one other person I slept with once. I just want him to have the proof so he can stop neglecting her. I'm sure he's hoping she's not his so he won't have to pay child support. He just got out of jail for not paying and also just got a new great paying job. He doesn't think she's his because I wasn't officially his girlfriend. I don't mind getting tested privately, but if the test says he's not the father would I have to pay back the small amount of CS he has paid over the years?

Was the child legitimated?

 

[gamom97]

No, the judge declared him to be the father when he didn't show up in court.

 

[mistoffolees]

No, the judge declared him to be the father when he didn't show up in court.

If it were me, I wouldn't do anything at this point. He is legally the father and if he wants to challenge it, he is welcome to try. It just doesn't seem like it's worth uprooting the child's life at this point.

I would say, however, that what you did was irresponsible - and maybe illegal. You knew that someone else could be the father, but you said that this man was. Not only are you costing him money to support a child that might be someone else's, but you're potentially depriving someone else of the right to be a parent to a child that they don't know exists.

 

[OHRoadwarrior]

I think she has an obligation to her daughter to prove who her father really is. Is it really fair to make her live a lie? Do it privately, without her knowledge. Then you only need to tell her if he is not her father.

 

[Zigner]

I just want him to have the proof so he can stop neglecting her.

This test will not suddenly change his behaviour. It just won't.

 

[TheGeekess]

He's been legally Dad for 14 years. Don't think the court is going to change that now. If he had wanted to challenge it, the time was when the court told him to show up and he didn't.

You can't force him to visit her; and if he's been legally declared Dad but didn't complete the legitimation process, he'll have to do that before any kind of visitation can be ordered. Let OCSE handle the CS and don't worry 'bout the rest.

Self-help legal resources


For those who want to consider filing an action in court on their own, below is a list of resources. These sites have forms and instructions, which include forms for legitimation and visitation.

Fulton County Family Court - Home - Family Court This is the site of the Fulton County Superior Court Family Division's Family Law Information Center. Any resident of the State of Georgia can visit the center in person at its location. The address is 185 Central Avenue, Atlanta, Ga. 30303. The phone is 404-335-2789. One can receive a free, brief legal consultation with an attorney by calling and making an appointment. However, a non-custodial parent must follow the guidelines of the county with legal jurisdiction over his/her particular legal issues.

DeKalb County Police Department This is the site of DeKalb County Superior Court's Family Law Information Center. Any DeKalb resident or person with a family law issue related to DeKalb County can visit the center at its location at 120 West Trinity Place, Decatur, Ga. 30030. The phone is 404-687-3990. Brief, legal consultations with an attorney are available for $10 by calling and making an appointment.

Cobb County Government This is the site of the Cobb County Superior Court Family Law Workshop. Any Cobb resident or person with a family law issue related to Cobb County can visit the center at 30 Waddell Street, Marietta, Ga. 30090. The phone is 770-528-1812. The workshop is free of charge and provides answers to basic questions about divorce, paternity/legitimation, contempt, and modification cases.

http://production.albany.ga.us/law_library/LL_forms_family_law.htm This is the site of the Dougherty County Superior Court Law Library. Any Dougherty resident or person with a family law issue related to Dougherty County can visit the center at its location at 225 Pine Avenue, Room 212, Albany, Ga. 31702. The phone is 229-431-2133. The library manager, who is an attorney, is available to provide assistance with conducting research, finding appropriate materials and possible legal resources, suggesting self-help resources, and answering legal reference questions in person or by e-mail. However, the library manager is not permitted to give legal advice or interpret specific legal situations.

Northeastern Judicial Circuit Family Law Information Center and Guardian ad Litem Program - Hall County, Georgia This is the site of the Hall and Dawson County Superior Court Family Law Information Center. Any Hall or Dawson resident or person with a family law issue related to Hall or Dawson Counties can visit the center at its location at 225 Green Street, S.E., Gainesville, Ga. 30501. The phone is 770-531-2463. Brief, legal consultations with an attorney are available at no cost in Dawson County. However, a financial qualification is required for attorney consultations in Hall County.

Appalachian Family Law Information Center This is the site of the Appalachian Family Law Information Center serving Fannin, Gilmer, and Pickens counties. Any Fannin, Gilmer or Pickens resident or person with a family law issue related to these counties can visit the center at its location at 1 Broad Street, Suite 102 A, Ellijay, Ga. 30540. The phone is 706-299-1444. Brief, legal consultations with an attorney are available by appointment for income-qualified individuals.

LegalAid-GA.org | A guide to free and low-cost legal aid, assistance and services in Georgia This site is a project of the Atlanta Legal Aid Society, the Georgia Legal Services Program and the Pro Bono Project of the State Bar of Georgia. It is a guide to free legal information and services including the topics of legitimation, visitation, and custody.

A list of the Georgia Superior Court Clerks for every county is on this web site: GSCCCA.org - Georgia Superior Court Clerks' Cooperative Authority.

DHS-OCSE


Child Support guidelines/calculators here: DHS-OCSE

 

[NellieBly]

Ask yourself how this is in your daughter's or your best interests?

Why is he asking now?

 

[ecmst12]

Even if he's NOT her biological father, he will still have to pay child support. He is the child's LEGAL father and it's far too late to dispute that. The time to dispute was in 2002.

 

[nextwife]

Ask yourself how this is in your daughter's or your best interests?

As a mom whose child will likely NEVER have any opportunity to KNOW any family medical history, I'd say it IS in one's child's best interest to KNOW if legal dad IS biodad, because it is a very large piece of missing critical medical info. My kid CAN'T know what medical history her (bio) parents had, hers could, and should, if possible, have access to their bioparent. Or at minimum know who is NOT, for medical reasons.