Child

This is a discussion on Child within the Family Law Questions forums, part of the Legal Questions & Answers Forum category; I am technically married but have been apart since Oct 2008. I have been dating someone else for a little over a year and am due to have his child ...

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  1. #1
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    Child

    I am technically married but have been apart since Oct 2008. I have been dating someone else for a little over a year and am due to have his child in March. The Dr. said there may be complications with paternity because the divorce is not final and that my husbands name my have to go on the birth certificate. Is this true and if so what can be done to prevent that? I live in South Carolina and will be having the child in Georgia.


  2. #2
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    O.C.G.A. 19-8-1(6) states that: "Legal father" means a male who: ... (B) Was married to the biological mother of that child at the time the child was conceived or was born, unless such paternity was disproved by a final order pursuant to Article 3 of Chapter 7 of this title;.... [In practice, that last part refers mainly to child support orders. As the wording suggests, there would have to be an actual court proceeding for any such order to be entered, but in that context, the necessary evidence could be provided by DNA testing (best), or by affidavits from all the parties and an acknowledgment of paternity by the father. Your scenario doesn't mention the filing of any court proceeding.]

    So according to the Georgia statute, at the time of birth, your husband is considered the father just because you are married.
    I am not a lawyer, this is not legal advice.