Legal Question in Family Law in Georgia
US citizen divorces husband and finds out she is pregnant. ex husband has new partner and wants nothing to do with child, in fact threatens ex wife with physical violence. Ex wife goes to stay with parents outside of US and delivers child outside of US. Ex husband now wants DNA test. Child does not have ex husbands name. Ex wife normally resides in Georgia, USA. Now afraid to come home. Does ex husband have the right to a DNA? Ex wife not asking for any support.
1 Answer from Attorneys
I would need additional information. Was the child conceived during the marriage and if so, was it disclosed to the father prior to the divorce? If the mother were pregnant, it should have been disclosed to the Court as the Judge would not grant the divorce until after the birth of the child. If the child was conceived after the divorce, the father would have to file to legitimate. The father could always file the appropriate pleading to request a paternity determination and a DNA test, at which time the Mother could obtain child support.
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