Legal Question in Family Law in Georgia

I divorced my ex November 1997. She had a son August 1998 born in Georgia. She said the child was not mine and that it belonged to the individual in which she was having an affair. My divorce decree only recognizes support for one children, our daughter. She went on to marry this guy, he acknowledged paternity and the child bears his full name. He is no longer in the child's life; she now states she lied regarding paternity and wants me to provide financial support. My current wife and I receive numerous threats of legal action, harassing phone calls, and messages through social media regarding this situation. Can I be forced into DNA testing and held financially liable? Which state's laws will the courts use? Mom and minor live in Georgia and I now live in the state of Florida. Can I relinquish parental rights? Can my current wife and I file a civil harassment suit?


Asked on 6/10/14, 1:08 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You left out the key fact - did you have sex with her about 9 months before birth. If yes, you may be the father, and IF she files a case, you can be DNA tested (and indeed you WANT to be tested). She has a big burden in this case, as she'd likely have to reopen her divorce, etc. the reason she is bugging you is probably because she is unwilling to really file anything. If you're the dad and a case is filed, you will be paying support - no exceptions. If not, you won't be. You can ignore the calls, texts, etc. The one thing that would matter would be a case. If one is filed, get a lawyer. And no, it would be really foolish to sue her, and push her into court (ignoring someone is very easy).

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Answered on 6/10/14, 2:22 pm
Tahira Piraino Tahira P. Piraino

The pregnancy should have been disclosed at the time of the divorce. The Court usually will not grant a divorce if the wife is pregnant until after the child is born in order to determine paternity. Don't know why this was not presented to the Court. In any event, if you are the father, you will be providing support. If an action is filed, do not try it on your own. Seek legal representation. I would let the mother make the first move.

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Answered on 6/11/14, 7:55 am


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