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Is it possible to disestablish paternity in Georgia?

Establishing paternity in Georgia gives you certain rights as a father. Once you’re legally deemed to be a child’s father, you can seek visitation and custody, and you can seek child support from the mother if you end up being the custodial parent.

But if you don’t believe that you’re the child’s biological father, you might be wondering if there’s a way to escape your financial burdens.

Yes, in some instances, Georgia law allows you to petition the court to set aside a paternity determination. To succeed, you’ll have to submit an affidavit demonstrating that you’ve discovered new evidence pertaining to paternity since the initial decree was entered and provide the court with credible genetic testing results that show that there is a 0% probability that you’re the child’s biological father.

When can the court deny a motion to set aside paternity?

Even if you submit an affidavit and DNA test results, the court might still deny your motion if you knew that you weren’t the child’s biological father and any of the following circumstances exist:

  • You married the child’s mother and voluntarily took on parental responsibilities.
  • You agreed to be named on the child’s birth certificate.
  • You gave the mother a written promise that you’d provide financial support for the child.
  • You voluntarily signed a paternity affidavit.
  • You identified yourself as the child’s biological father.

There are other ways in which the court can deny your motion, so make sure you understand the law and how to use it to your favor in this situation.

Do you need additional guidance on paternity matters?

Dealing with paternity issues can be complicated. That’s why it’s a good idea to educate yourself as much as possible and seek out any assistance you may need. By doing so, you’ll hopefully position yourself for the successful outcome that you want.