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Delegitimization of wrong father & establishing paternity/child support with bio dad

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camilyn

Junior Member
Delegitimization of wrong father & establishing paternity/child support with bio dad

Georgia Law:

I had my son a few weeks ago and accidentally put the wrong father on the birth cert. & gave him his last name (hyphenated with mine-we are not married). I found out that he is not the biological father and need to get him removed from my son's bith certificate and have my son's last name changed. I also need to establish paternity ASAP to collect child support from the biological father. How do I go about doing so? I know who the biological father is and he is willing to go to an accredited lab to get a paternity test as soon as possible but I'm not sure which lab's tests will hold up in court or could be used for establishing paternity. I also don't know whether or not the man who I put on the birth certificate and whose last name my son has has to be removed before I can collect child support from the biological father. I need to get this done ASAP as I have zero financial support for my son at this time.

I live in Gwinnett County, GA.
 


Zigner

Senior Member, Non-Attorney
Georgia Law:

I had my son a few weeks ago and accidentally put the wrong father on the birth cert. & gave him his last name (hyphenated with mine-we are not married). I found out that he is not the biological father and need to get him removed from my son's bith certificate and have my son's last name changed. I also need to establish paternity ASAP to collect child support from the biological father. How do I go about doing so? I know who the biological father is and he is willing to go to an accredited lab to get a paternity test as soon as possible but I'm not sure which lab's tests will hold up in court or could be used for establishing paternity. I also don't know whether or not the man who I put on the birth certificate and whose last name my son has has to be removed before I can collect child support from the biological father. I need to get this done ASAP as I have zero financial support for my son at this time.

I live in Gwinnett County, GA.
"Accidentally?" :rolleyes::rolleyes::rolleyes:

You or the father (listed on the voluntary acknowledgement of paternity) will need to file to have the acknowledgement set aside. This must be done within 60 days of the date the acknowledgement was signed.
 

camilyn

Junior Member
Yes

“Accidentally” meaning the actual biological father swabbed someone else’s cheek for his DNA submission for the prenatal paternity test we had done, therefore I assumed the other guy was the father. Come to find out after the child was born, he cheated on the paternity test and is the actual father.
 

camilyn

Junior Member
60 days

When I called the number given to me on the paper about the “change within 60 days,” I was told that would only remove him from some database of fathers but would not remove him from the birth certificate nor change my child’s last name. I was told it would not delegitimize him and in order to do so, I would need to get a court order and have it signed by a judge. How do I do this?
 

Zigner

Senior Member, Non-Attorney
“Accidentally” meaning the actual biological father swabbed someone else’s cheek for his DNA submission for the prenatal paternity test we had done, therefore I assumed the other guy was the father. Come to find out after the child was born, he cheated on the paternity test and is the actual father.
https://childsupport.georgia.gov/paternity-establishment

Canceling the PA Form
If a decision is made to cancel the Paternity Acknowledgment within the 60 days allowed by law, the rescission will not cause or allow an amendment to the birth certificate. To have the father's name removed from the birth certificate or to make changes to the child's surname, you will need a certified copy of a court order directing Vital Records to amend the birth certificate. The court order must specifically state the name to be removed from the birth certificate (if someone other than the father is listed as the child’s father on the certificate OR if “unknown” is listed) AND the name of the person to be entered as the father on the certificate [O.C.G.A. §31-10-23(c)(2)].

After the 60 day rescission period has ended, the signed PA will constitute a legal determination of paternity and may be challenged in a court of law only on the basis of fraud, duress, or material mistake of fact, with the burden of proof on the person challenging the acknowledgment.

Any legal responsibilities, including child support obligations, arising from the PA may not be suspended during the challenge, except for good cause shown.
 

Zigner

Senior Member, Non-Attorney
When I called the number given to me on the paper about the “change within 60 days,” I was told that would only remove him from some database of fathers but would not remove him from the birth certificate nor change my child’s last name. I was told it would not delegitimize him and in order to do so, I would need to get a court order and have it signed by a judge. How do I do this?
You're going to want to speak to an attorney.

ETA: Be aware that the person you now think is the father will need to be ordered by the court to undergo a DNA test as a part of a paternity action.
 

Ohiogal

Queen Bee
“Accidentally” meaning the actual biological father swabbed someone else’s cheek for his DNA submission for the prenatal paternity test we had done, therefore I assumed the other guy was the father. Come to find out after the child was born, he cheated on the paternity test and is the actual father.
Most people don't sleep with more than one person in a period of weeks. You signed an affidavit swearing he was the father and no one else could be. Go figure that. You lied. You should have had the other guy tested as well.
 

stealth2

Under the Radar Member
Be aware that this is NOT going to happen ASAP. You will need to file with the court, have him served, a court date set, an order for the DNA test (at a court-approved lab), the test done/results sent to the court, and only then will the court entertain sa child support orde. That's pretty much basics. And it all takes a while.
 

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