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Paternity/Legitimation/Custody, etc. in Ga

Started by Phillip, Jul 20, 2004, 06:04:09 PM

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Phillip

Soc,

Could you please take a look at OCGA's new paternity laws and tell me what you think of the following unwed situation:

Son's GF is pregnant.  Son has no reason to believe it's not his, but you can never be sure.  They live together currently.  She is on Medicaid.  NO insurance available for them through either job.  She makes maybe 11K.  He makes maybe $20K.  He wants to be a dad if the baby is his and protect his rights.  We suspect she'll likely move back in with her parents when the baby is born or shortly thereafter. Our advice to him has been to stay with her and prove himself as a caregiver, as GA gives NO rights of custody/visitation to the father unless they are filed for civilly in unwed situations.  That this action will give him better standing in court when he files for custody/visitation, showing he can change a diaper and feed a baby.   However, there is that slight concern that just maybe the baby isn't his.  My question is:

 Would his acknowledgement  of paternity voluntarily (and their  cohabitation), void the 60 day right of rescision if DNA proved he was not the BIO father?  
 


socrateaser

> Would his acknowledgement  of paternity voluntarily (and
>their  cohabitation), void the 60 day right of rescision if
>DNA proved he was not the BIO father?  

Don't be a sucker. Get the child tested. If the Mom seems as though she may throw a fit, then call a private lab -- they should be able to provide a kit that you can use to gather the necessary material while Mom's not looking. This way, there's no argument.

:)

Phillip

Soc,

Could you please take a look at OCGA's new paternity laws and tell me what you think of the following unwed situation:

Son's GF is pregnant.  Son has no reason to believe it's not his, but you can never be sure.  They live together currently.  She is on Medicaid.  NO insurance available for them through either job.  She makes maybe 11K.  He makes maybe $20K.  He wants to be a dad if the baby is his and protect his rights.  We suspect she'll likely move back in with her parents when the baby is born or shortly thereafter. Our advice to him has been to stay with her and prove himself as a caregiver, as GA gives NO rights of custody/visitation to the father unless they are filed for civilly in unwed situations.  That this action will give him better standing in court when he files for custody/visitation, showing he can change a diaper and feed a baby.   However, there is that slight concern that just maybe the baby isn't his.  My question is:

 Would his acknowledgement  of paternity voluntarily (and their  cohabitation), void the 60 day right of rescision if DNA proved he was not the BIO father?  
 


socrateaser

> Would his acknowledgement  of paternity voluntarily (and
>their  cohabitation), void the 60 day right of rescision if
>DNA proved he was not the BIO father?  

Don't be a sucker. Get the child tested. If the Mom seems as though she may throw a fit, then call a private lab -- they should be able to provide a kit that you can use to gather the necessary material while Mom's not looking. This way, there's no argument.

:)