Last updated on April 8, 2021

verified Fact Checked expand_more

To help ensure accuracy, this page was written, edited and is periodically reviewed by a knowledgeable team of legal writers per our editorial guidelines. It was approved for publication by founding attorney Samuel Siemon, who has amassed extensive experience as a Georgia family law attorney. Our last modified date shows when the page underwent a review.

Paternity and Legitimation question

We were recently asked a Paternity and Legitimation question. A Paternity action is when a father brings an action to enforce his rights to visit with a child. A Legitimation action is an action brought by a mother to make the father the legitimate legal father of the child so that the child can inherit from the father and the father will be responsible to provide child support for the child.

Can the man I first told he was the father of my child demand paternity testing now that I told him it isn’t his child?

The Answer:

I am a Georgia licensed attorney so I am only able to answer your question according to Georgia law. That being said, the law in your state might be similar. The state that will have jurisdiction (the power to decide the issues in your case) will most likely be the court in the state and county where you reside with the children. So, if you lived Atlanta Georgia, he would be required to file a Legitimation action in the Superior Court of Fulton County Georgia. Once he had filed the Legitimation in the correct state and county the court would determine:

1. Is he the Biological father;
2. is it in the best interest of the child to have him declared the legitimate (legal) father;
3. is it in the best interest of the child for the father to have visitation and if so under what circumstances;
4. what the required child support payment should be.

In most cases, unless the father is a danger to the child or has been severely abusive, the court will almost always find that it is in the best interest of the child to have a legitimate father and that he should have visitation.

Reach Out To Our Experienced Team For Help With Your Legal Issues

How The Siemon Law Firm Divorce and Family Law Attorneys, P.C. Can Help

Contact our Georgia Family Law Firm by calling 770-888-5120 or by completing this contact form.

An attorney will respond within 24 business hours.

    Fields marked with an * are required

    I Have Read The Disclaimer *

    Our Office Locations

    Cumming, Georgia

    347 Dahlonega St #100,
    Cumming, GA 30040 770-888-5120 Cumming Law Office Map

    Marietta, Georgia

    1850 Parkway Pl Suite 715,
    Marietta, GA 30067 770-888-5312 Marietta Law Office Map

    Alpharetta, Georgia

    4555 Mansell Rd,
    Alpharetta, GA 30022
    770-888-5093 Alpharetta Law Office Map

    Atlanta, Georgia

    3400 Peachtree Rd NE Suite 555,
    Atlanta, GA 30326 770-888-5078 Atlanta Law Office Map