Ask Me Help Desk - Fathers rights in Georgia

Fathers rights in Georgia

I live in Georgia and I am fighting to see my daughter. I have taken care of her since birth, she shares my last name and I also signed the Parternity Acknowledgement from. I brought this information to court but the judge still ruled for a DNA test. Taking this test I found out my daughter is not biologically mine but I still want to be apart of her life, I am the only father she knows.
Other states have the Parentage Act which just by her living with me for the first 2 years of her life and me signing that form would give me my rights.

Being that I signed the PA form and I have Acknowledged my daughter and taken care of her since birth,

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Where is this in the Court system? Has the Judge ruled that you have NO rights? Have you asked for visitation (or custody)?

Quote:

Originally Posted by JudyKayTee

Where is this in the Court system? Has the Judge ruled that you have NO rights? Have you asked for visitation (or custody)?

I go to court nextweek for the final hearing.

Quote:

Originally Posted by JudyKayTee

Where is this in the Court system? Has the Judge ruled that you have NO rights? Have you asked for visitation (or custody)?

He has not made a final ruling yet so I have this one last shot.

There is a strong biological presumption in Georgia/if you are not biologically related to the child you do not have neither custody rights nor visitation rights/

Quote:

Originally Posted by maybeonce1

I brought this information to court but the judge still ruled for a DNA test. Taking this test I found out my daughter is not biologically mine but I still want to be apart of her life,

What was the reason for this judge's decision:confused:
DNA tests may be ordered in contested paternity or child support cases only.

Quote:

Originally Posted by maybeonce1

Other states have the Parentage Act which just by her living with me for the first 2 years of her life and me signing that form would give me my rights.

Not true... There is statute of limitation only in the states which have adopted the UPA

Quote:

Originally Posted by GV70

What was the reason for this judge's decision:confused:
DNA tests may be ordered in contested paternity or child support cases only.

The judge saying is he rules fair, the mother asked for the DNA test so he gave her what she wanted and he told me that the only way I could go forward with my case is to take the test. I thought the Paternity Acknowledgement form gave me legal rights to my daughter and a DNA test can not be given after 60 days of signing the form.

§ 19-7-20. What children are legitimate; disproving legitimacy; legitimation by marriage of parents and recognition of child

(a) All children born in wedlock or within the usual period of gestation thereafter are legitimate.

(b) The legitimacy of a child born as described in subsection (a) of this Code section may be disputed. Where possibility of access exists, the strong presumption is in favor of legitimacy and the proof must be clear to establish the contrary. If pregnancy existed at the time of the marriage and a divorce is sought and obtained on that ground, the child, although born in wedlock, will not be legitimate.

§ 19-7-43. Petition; by whom brought; effect of agreement on right to bring petition; stay pending birth of child; court order for blood tests; genetic tests

(a) A petition to establish the paternity of a child may be brought by:

(1) The child;

(2) The mother of the child;

§ 19-7-45. Genetic tests

All orders requiring parties to submit to genetic tests shall be issued in conformance with Code Sections 19-7-43 and 19-7-46. In all cases such tests must be conducted by a laboratory certified by the American Association of Blood Banks. When an action to determine paternity is initiated prior to the birth of a child, the court shall order that the genetic tests be made as soon as medically feasible after the birth. The tests shall be performed by a duly qualified licensed practicing physician, duly qualified immunologist, or other qualified person. In all cases, however, the court shall determine the number and qualifications of the experts. In all cases the results shall be made known to all parties at interest as soon as available. An order issued under this Code section is enforceable by contempt, provided that, if the petitioner refuses to submit to an order for a genetic test, the court may dismiss the action upon motion of the respondent.
§ 19-7-46. Evidence at trial

(a) The results of medical tests and comparisons ordered by the court, including the statistical likelihood of the alleged parent's parentage, if available, unless a party to the paternity genetic test objects in writing at least 30 days prior to a hearing at which the results of the testing may be introduced into evidence, shall be admitted in evidence without the need for foundation testimony or other proof of authenticity or accuracy. When an objection is filed at least 30 days prior to a hearing at which the results may be introduced into evidence, the results of medical tests and comparisons ordered by the court including the statistical likelihood of the alleged parent's parentage, if available, shall be admitted in evidence when offered by a duly qualified, licensed practicing physician, duly qualified immunologist, duly qualified geneticist, or other duly qualified person.

(b) There shall exist a rebuttable presumption of paternity of a child born out of wedlock if there has been performed scientifically credible parentage-determination genetic testing which establishes at least a 97 percent probability of paternity. The rebuttable presumption of paternity can be overcome by the presentation of clear and convincing evidence as determined by the trier of fact. Parentage-determination testing shall include, but not necessarily be limited to, red cell antigen, human leucocyte antigen (HLA), red cell enzyme, and serum protein electrophoresis tests or testing by deoxyribonucleic acid (DNA) probes.

Quote:

Originally Posted by maybeonce1

I thought the Paternity Acknowledgment form gave me legal rights to my daughter and a DNA test can not be given after 60 days of signing the form.

Not in Georgia.

Quote:

Originally Posted by maybeonce1

the mother asked for the DNA test

I see... the mother wants to exclude you from the child's life.
You may ask to be reimbursed for your expenses.

No, Georgia will go by the DNA test for paternity, the acknowlegement gives you rights until it is challenged.
Children custody and visit rights vary greatly by state.