Concerns about fidelity, whether substantiated or not, can create a myriad of issues when a marriage is heading for divorce. For the husband in the marriage, one of the most difficult situations to deal with is when there are doubts as to whether he is the father of the child. This is one aspect of the law that begins its consideration with the protection of the child in mind. Often in divorce and custody related matters decisions come down to what it is in the best interest of the child. To that extent the State of Georgia holds that a man married to a woman at the time she conceives or gives birth to a child is presumed to be the biological father of said child.
This presumption, although for the benefit of the child, is not without its limitations. However, the best time to address this concern is during the divorce proceedings because the court is making determinations such as custody and support during this phase. Typically, this is not an issue because most people know or at least suspect that this is a concern long before the divorce is final. The next step is to request a DNA test to confirm who the biological father of the child is. The court can be petitioned to establish paternity. Ultimately, the father and or petitioner can request that the court terminate the parental rights based on the DNA findings. As stated, paternity of the child is but one consideration before the court when it comes to determining custody and support. The other and most important consideration is what is in the best interest of the child.
Issues related to custody, child support, paternity, and divorce are complicated and require skilled representation in order to protect a client’s interest. Douglasville Divorce and Family Law Attorneys represents clients in all divorce related matters and offers free consultations. Call today.