My question involves paternity law for the State of: Georgia
My sister and brother-in-law are going through a divorce, and because he suspected that he may not be the biological father of their oldest child he requested a DNA test which confirmed he was not the child's biological father. While he had originally thought he wouldn't want to be responsible for a child that wasn't his, he's now decided that because of his relationship with this child he would like to retain parental rights.
My family has two questions:
1. As long as my sister is in agreement and wants her ex-husband to maintain his relationship with her son, would there be any rights that he loses automatically now that a DNA test has been done, or will everything remain the same unless my sister fights to remove his paternal rights?
2. If my sister does decide she doesn't want her ex to have paternal rights as the non-biological father, would the law be on her side or would he have some legal protection since he is on the birth certificate and did believe he was the father when it was filled out?
Most of my family is of the opinion that it would be better for my nephew to keep the man he knows as his father in his life, but so far it's been a fairly nasty divorce and we think my sister might change her mind if they continue fighting.
My sister and brother-in-law are going through a divorce, and because he suspected that he may not be the biological father of their oldest child he requested a DNA test which confirmed he was not the child's biological father. While he had originally thought he wouldn't want to be responsible for a child that wasn't his, he's now decided that because of his relationship with this child he would like to retain parental rights.
My family has two questions:
1. As long as my sister is in agreement and wants her ex-husband to maintain his relationship with her son, would there be any rights that he loses automatically now that a DNA test has been done, or will everything remain the same unless my sister fights to remove his paternal rights?
2. If my sister does decide she doesn't want her ex to have paternal rights as the non-biological father, would the law be on her side or would he have some legal protection since he is on the birth certificate and did believe he was the father when it was filled out?
Most of my family is of the opinion that it would be better for my nephew to keep the man he knows as his father in his life, but so far it's been a fairly nasty divorce and we think my sister might change her mind if they continue fighting.
DNA Testing: Father on Birth Certificate Recently Determined Non-Biological, Rights
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