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tearia1999 · Mar 9, 2011, 05:27 PM

If a person is married and she has an affair with a married man and she get pregnant and refuse to put the married man she had an affair with on child support can she take out an abondonment warrant out on him."

GV70 · Mar 10, 2011, 08:43 AM

Originally Posted by tearia1999

if a person is married and she has an affair with a married man and she get pregnant and refuse to put the married man she had an affair with on child support can she take out an abandonment warrant out on him."

Generally-no.
It is presumed by law that the husband is a legal father.

tearia1999 · Mar 10, 2011, 10:13 AM

What if a dna test was taken and its proven that the man she had an affair with is the child's father not her husband then what happens then

AK lawyer · Mar 10, 2011, 10:16 AM

Do you have any idea what an "abondonment" warrant is?

tearia1999 · Mar 10, 2011, 02:53 PM

According to GA its when a parent goes without supporting the child for 30 days, then the other parent can file abondoment charges even though theirs no court order childsupport.

cdad · Mar 10, 2011, 03:36 PM

Comment on GV70's post

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what if a dna test was taken and its proven that the man she had an affair with is the childs father not her husband then what happens then

Was this by court order and was there a change in status for the current legal father to the biofather ?

If not it means nothing. The man she was married to is the presumed legal father until it is changed by the courts.

tearia1999 · Mar 10, 2011, 06:17 PM

There is no court order at all for anything. The man she had an affair with went to a dna center on their own and took a test. She refuses to put the other man on child support, after the results came back the other mans child, but still files abondanment charges on the other man and had him arrested.

cdad · Mar 10, 2011, 07:12 PM

Comment on califdadof3's post

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there is no court order at all for anything. the man she had an affair with went to a dna center on their own and took a test. she refuses to put the other man on child support, after the results came back the other mans child, but still files abondanment charges on the other man and had him arrested.

Unless this man has been declared the father by the courts then she had him falsely arrested. Something isn't right with this story.

tearia1999 · Mar 10, 2011, 08:09 PM

I felt the same way, but this is what happened. She is currently married and got pregnant and had a dna test done. The man she had an affair with told her to put him on child support and she refuses to so to the child support office to get a legal support order. She went to court in Hinesville GA and took an abondament warrant out on him. A court date was sent to him at a hotel address she provided to him where he was staying when he was working out of town. He never received the papers to go to court and the next thing we know he had a warrant for his arrest. It was a felony warrant for child abondament for him and he was arrested. We are all trying to figure out how this happened and if this is legal especially since she refuse to go through the child support office and there is a reason she refuses to go to them. SHe is telling us she has a private attorney, what does her private attorney has to do with this situation I don't know. I do know for a fact there is no court orders in aff

cdad · Mar 10, 2011, 08:18 PM

This is a clear case of false arrest as far as your explaining it. The legal and presumed father is the husband until a challenge is made through the courts and its proven otherwise and approved by the courts. Something is really screwy with this whole thing.

Here is the law on it for your state.

Georgia Paternity Law - Paternity Laws - Paternity

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.

tearia1999 · Mar 10, 2011, 08:36 PM

Thank you, you have been very helpful. You know a lot about the law. Is there anything we can do since he was falsey arrested.

cdad · Mar 11, 2011, 02:50 PM

The problem seems to be that the courts don't know who the legal father is. So it may be that the true legal father appear at the hearing to clear this man that is accused of something that he is not legally obligated to do.

tearia1999 · Mar 11, 2011, 04:05 PM

Yes you are right, the court has no idea she is still legally married and the only thing the court knows is about the man who she had an affair with. She has only told the court half of the story not the entire story. She left the most important thing out, now my brother has a pending felony on his record and has an arrest record because of this married woman.

tearia1999 · Apr 27, 2011, 05:02 PM

I need advise, I told you my husband the situation with my husband being arrested on the abondament charge. We went to the child support office to open a case and we received a letter stating what you told us about the husband being the legal father. I wanted to know if I should fax the letter we received from child support stating the bio/legal father law and hope the da will dismiss the case since the court was not aware she is still married or would we get in trouble from sending the da a copy of the letter

ScottGem · Apr 27, 2011, 05:14 PM

First who are you in this? You talked about your brother then your husband. So please tell us the truth.

But you need to get proof that the woman was married when the child was born. The birth certificate should show the husband. The private DNA test has no legal standing.

Do you have any evidence that the bio father offered to pay support or have the courts issue a support order?

You need to go to the DA prosecuting the case and provide these proofs and ask for a dismissal.

tearia1999 · Apr 27, 2011, 06:36 PM

He opened a child support case in march and he got a letter saying her husband is considered to be the legal father. Child support stated until she gets a court order dismissing her husband as the father they can not do a child support order because of the law. We wants to know will he get in trouble for sending the da a copy of the letter he received from child support stating what I just said

tearia1999 · Apr 27, 2011, 06:37 PM

She is still married as of today

ScottGem · Apr 27, 2011, 06:52 PM

First, if you have a follow-up question or info, please use the Answer options at the bottom of the page rather than Comments. Second, I ask again, who are you in all this?

The non custodial parent doesn't file for child support, so it makes little sense for him to file. The question is though does he have a record of whatever he filed? If he does, that's more documentation to bring to the court. He also can try to subpoena her marriage record and the birth certificate to show that the husband is the legal father.

If what you says is mostly accurate, then the case should be dismissed as he has no legal standing. Then he can sue the mother for false arrest.

What he then NEEDS to do is file for joint legal custody and visitation rights. Though, depending on the age of the child, he may not be able to do that.

tearia1999 · Apr 27, 2011, 07:14 PM

He's my husband. The only reason he filed with child support is because she refuse to go, so after he was arrested for child abondament he went to child support and opened a case. When he opened the case the mother was notified and she had to provide child support with information. This is what the letter child support sent my husband 60-DAY NOTICE MAILED TO CP AND NCP (APPLICANT) DUE~LEGAL FATHER EXIST FOR CHILD LEGAL~FATHER WILL HAVE TO BE EXCLUDED BY COURT ORDER

04/07/2011

Agent
OR GENETIC TESTING BEFORE GA DCSS CAN PROCEED WITH~CASE WITH BIO-FATHER (NCP-APPLICANT) ON THIS CASE. ATTEMPTED TO CONTACT CP AND NCP TO ADVISE OF

04/07/2011

Agent
LEGAL/ BIO FATHER LAW/ POLICY

ScottGem · Apr 28, 2011, 03:23 AM

Originally Posted by tearia1999

hes my husband. ... so after he was arrested for child abondament he went to child support and opened a case.

First, you need to get your story straight. You post contradictory information.

"now my brother has a pending felony on his record"

"hes my husband."

And again why would HE file for child support, that makes no sense.

Now you are telling us he went to child support AFTER he got arrested. That's not the impression you gave previously. If you pull the same type of thing in court or with the prosecutor it will look bad.

But the advice I gave previously still stands. However, with a letter like that, the first thing I would do is call the prosecutor in the case. Explain to the prosecutor the situation and that you have proof that the child already has a different legal father. Ask the prosecutor if you can fax them the documents. Do this TODAY! Then let us know what happened.