The birth of a new child should be a joyous occasion. However, the experience can be soured by doubts over paternity. Is the child really yours? This is a valid concern, especially if you have reason to believe your wife might have been unfaithful. You may be desperate to confirm whether the child is biologically related to you. Can you force your wife to allow a paternity test in Georgia? Can a family lawyer help in this situation?
The Court Will Assume You Are the Father
Georgia courts assume that if you are married to a woman when she gives birth, you are the biological and legal father of the child. This is true even if the child is obviously not related to you. For example, the child might look nothing like you.
Perhaps you only met your wife six months ago, which means that the child must have been conceived before you met her. Whatever the case may be, the court will disregard these issues and assume that you are the father. In the eyes of the court, the only relevant piece of information is whether you were married to the woman at the time she gave birth.
Can I Force a Paternity Test as a Married Man?
You cannot force your wife to submit to a paternity test. These paternity tests often occur as part of a divorce. Specifically, the court may need to determine whether you are the biological father before it requires you to pay child support. If you doubt that the child is yours, you can raise this issue with the court. The court may then order the entire family to submit to DNA testing. Your wife cannot refuse to participate or prevent the child from submitting to this testing.
You Have the Right to Control the Health Care of Your Child
If you are not going through a divorce and you plan to stay married to the woman, the process of establishing paternity can be more challenging. The court may not see any reason to put the family through this process, as DNA testing only becomes legally necessary when facing issues with child support and custody.
However, the court still presumes you to be the legal father of the child. As a result, you have the right to control the health care of the child. This may include DNA testing, and you may be able to carry out your own private DNA test without any interference from your wife. However, you may want to speak with an attorney before you take this step, especially if you plan to carry out a secret DNA test of the child without your wife’s knowledge.
Can a Georgia Family Law Attorney Help With Paternity Tests?
If a paternity test is a priority for you after the birth of a new child, it makes sense to speak with a family law attorney in Georgia about your next potential steps. You may have the right to make sure that this test actually happens. Although your wife may object, a paternity test could put suspicions to rest, helping the entire family move on together. Learn more by contacting Lankford & Moore Law today.
