Finding out that you are going to be the father of a child can be a wonderful experience. However, if the situation is complicated, you may have to prove paternity before even getting a chance to be a part of your child’s life.
Georgia like many states, presumes that if the mother of a child is married, the husband is automatically the biological father.
As you can imagine, if you believe you are the father of the child, but the mother is married to someone else, this can make the situation extremely complex. This is especially true if the woman’s husband also believes that he is the biological father of the child.
The paternity petition
It is easy to see that you have quite the uphill battle if you want to prove that you are the child’s biological father, since the law is already assuming that you are not.
This means you will have to prove it through the paternity process. This starts with filing a paternity petition with the court stating that you are the father of the child.
You must attach a statement to your petition giving information as to why you believe you are the father. This does not have to be sold evidence, but rather a statement saying that you and the other had sexual contact.
It helps to have specific information about the sexual contact, such as the dates and times it occurred, which is during the period of conception.
Genetic testing requirements
The genetic testing piece comes next. If the mother refuses to participate in the genetic testing, the court can order her to.
There is specific requirements that must be met for the genetic testing to be valid. The lab used must be certified by the American Association of Blood Banks and the physician, immunologist or anyone else involved in the testing must be licensed.
It is important to make sure your genetic testing is performed according to these standards, to avoid any delays or errors in the process.
You do not want to miss out on time you could spend with your child. Experienced family law attorneys can help you with each step of the paternity process.