Georgia Family Law Blog

Man to get child support back

Parents owe $14,460 in case of mistaken paternity, judge says

Judge David Roper said he felt badly for Kenneth Samuels when he learned the child he had fathered for 11 years wasn't his.

Justice was also shortchanged, the judge said, because Mr. Samuels had been paying child support all of those years.

Last month, Judge Roper ruled that Jamie Hope, the child's mother, and Oba Wallace, the child's biological father, would have to repay Mr. Samuels $14,460 in child support he had paid since 1997.

Such an order is unusual, but not unique.

"We have seen it happen before," said Sandra Jarrett of the state's Child Support Recovery Unit.

Usually there is no intent to defraud, Ms. Jarrett said. Mothers who have had relationships with more than one man might not know who the biological father is without a DNA test.

Ms. Jarrett estimated 40 percent to 45 percent of their new cases are filed by a custodial parent who never married, and a DNA test is requested to establish paternity.

Child Support Services helps about 30,000 families in Richmond, Columbia and Burke counties. Across Georgia, 500,000 families are assisted, Ms. Jarrett said.

In Mr. Samuels' case, it began April 22, 1997, when Ms. Hope opened a Child Support Services case that named Mr. Samuels the father of her child.

Mr. Samuels said he never had any reason to doubt the child was his. He signed the birth certificate, and he consented to an order to pay child support.

Mr. Wallace told the judge at a hearing last summer that he heard from different people that the child looked like him. The child called him daddy when she saw him in town, Mr. Wallace said.

Mr. Wallace said he told Ms. Hope he would take care of the child financially if he was the biological father. They decided to get a DNA test last summer, Mr. Wallace said.

The DNA test proved Mr. Wallace was the biological father, and he filed a court petition to legally establish paternity. The case was assigned to Judge Roper, who had no problem with signing the order that established legal paternity. But he said he was troubled by the position in which it left Mr. Samuels.

The judge questioned Mr. Wallace and Ms. Hope about when they first suspected Mr. Wallace was the biological father. Both eventually admitted it was around the time the child was 2.

"I've never heard (of) this gentleman until this year, and I never knew that she was seeing anyone else," Mr. Samuels told the judge last summer.

Ms. Hope told the judge she wanted a paternity test in 1997 when the baby was born but that Mr. Samuels declined. He denied that.

"You swore that he was the father when you took out a child support action," Judge Roper told Ms. Hope. He said he considered that action fraudulent and ordered Ms. Hope to repay Mr. Samuels the $14,460 he had paid in child support payments.

In February, Judge Roper ruled Mr. Wallace was liable to Mr. Samuels for the back child support, too. Judge Roper said in explaining his ruling that once paternity is established, a father can be required to pay back support to the time of birth. Since Mr. Wallace's paternity was established, he was responsible for the child support since the birth in 1997, and responsible for repaying Mr. Samuels.

Ms. Jarrett said that when a child support case is opened, the man identified as a child's father can request a DNA test. If the test comes back negative, the case against that man is closed. If it is positive, then paternity is established and Child Support Services works to obtain a court order for child support.

A man can also petition the court directly to request a legal determination of paternity, which is what Mr. Wallace did.

Paternity establishes who is responsible for the financial support of a child. If a father also desires visitation rights, he must legitimize the child, too, Judge Roper said. Although Child Support Services cannot help with visitation issues, the office can refer parents to mediation.

Child Support Services will help fathers with employment issues. It operates the Georgia Fatherhood Program to provide job counseling, training, educational assistance, placement assistance and other services. In Georgia, 25 percent of children have a case with the Child Support Services, according to the state Department of Human Resources.

SOURCE: AugustaChronicle.com in an article by Sandy Hudson

DNA collection for paternity tests now conducted locally

The state agency in charge of collecting and distributing child-support payments has streamlined the DNA-collection process used in paternity cases, and Athens is one of the test sites that will show whether the time-saving change works.

State officials are trying out the DNA program in the Office of Child Support Services in Athens and Newnan, according to the state Department of Human Resources, which oversees the child support services agency.

Medical technicians in the Athens office at 850 Hawthorne Ave. now are allowed to get DNA samples, designed to prove the identity of a father in child-support cases, by taking oral swabs from the adult and child involved in a particular case. The new method saves at least a week in obtaining results, said Mike Patrick, manager of the Athens office.

Previously, the DHR referred all paternity testing to an outside contractor, and the process could take up to a month or more in some cases.

Family Law Workshops in Cobb County, Georgia

Some individuals do not have the desire or ability to hire a lawyer to represent them in a traditional fashion, but they may need legal help with a particular issue or portion of their case. 
The Cobb County Bar Association’s Family Law and Younger Lawyers Sections have worked together to provide a number of attorneys who will offer specific, limited legal services at set rates.  Information on this type of legal assistance will be provided to workshop participants. 

This workshop will assist you with the following case types:
* Divorce            * Paternity/Legitimation            
*Contempt         * Modification

Navigating through the legal system can be extremely difficult.  Each case is individualized by its own set of facts; however, there are some basic rules that all cases must follow which this workshop will address. 
No workshop can teach you everything you need to know about representing yourself in any legal action, but this workshop is designed to answer some of the basic questions you may have:
    What information do I need in order to file?   
    Are there mandatory forms that I need?
    How do I schedule my case for a hearing ?       
    What are the operating  procedures of the Court?

Forms for these case types will be available for purchase at the seminar. 
The cost for the forms are $15.00 per packet. Cash Only—Exact Change Required

For further information, please call the ADR office at (770) 528-1812.

2007 Schedule
Date	Time
Thursday, November 8th, 2007	6:30 p.m. – 7:30 p.m.

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The location for all classes will be:

Cobb County Superior Court Building
(Building "D" 6th floor Jury Assembly Room)
30 Waddell Street
Marietta, GA 30090-9642
Driving Directions | Marietta Square Map

Parking is provided in the jury parking lot on the north end of Waddell St.

SOURCE: Clerk of Superior Court of Cobb County

DNA test clears Chris Rock in Georgia paternity allegation

A lawyer for Chris Rock said Monday that a court-ordered DNA test proved Rock is not the father of a 13-year-old boy whose mother tried to sue the comedian for support earlier this year.

Rock's attorney, John Mayoue of Atlanta, said a Bulloch County judge sent results of the paternity test to lawyers on both sides of the case.

"The results of the test are that Chris Rock is not the father of this child," Mayoue said. "It is conclusive."

The mother, however, disputed the test results.

Kali Bowyer, who lives in Bulloch County west of Savannah, tried in March to file a paternity lawsuit against Rock seeking child support and medical coverage for her son, Jordan. She withdrew the lawsuit after court officials told her it was outside the southeast Georgia county's jurisdiction because Rock is a New Jersey resident.

However, Rock asked the Georgia court in April to start paternity proceedings to resolve the case. Bulloch County Superior Court Judge John R. Turner ordered DNA testing on Rock and the boy June 8.

Rock and his wife, Malaak, said in a statement Monday they were happy to put the case to rest. They accused Bowyer of telling "multiple lies" to sell her story to tabloids.

"We also express our deepest prayers for the welfare of Ms. Bowyer's son who has continually been embarrassed and exposed in the media by his mother," Rock's statement said.

Bowyer said Monday she had never received money for her story and she believed Rock had violated a confidentiality agreement by making the paternity test results public.

"I could've sworn we weren't supposed to talk about it until we were done with mediation," Bowyer said.

She said she planned to ask the judge to order another DNA test to challenge the results of the one that ruled out Rock as her child's father.

Bowyer, 35, said she met Rock at a Los Angeles nightclub when she was living in California 13 years ago.

She denied making any money from the case despite offers of thousands of dollars from television shows and tabloid magazines.

"I am sick and tired of being made out to be a liar and a fraud," she said.

Rock recently directed and starred in the film "I Think I Love My Wife," and is behind the hit television series "Everybody Hates Chris," which is based on his childhood. He and his wife have been married for 10 years and have two young children.

SOURCE: Fulton County Daily Report in a story by By RUSS BYNUM, Associated Press Writer

ACKNOWLEDGEMENT OF PATERNITY: The Putative Father Registry

SOURCE: Atlanta Legal Aid and Legal Aid Georgia

WHY DO I NEED THE PUTATIVE FATHER REGISTRY?

You should consider registering your relationship with a child on the Putative Father Registry if:

• You believe that you might be the father of a child
• Your child's mother is preventing you from having contact with your child
• You don't know where your minor child is living

The Putative Father Registry can help you find out about any adoptions that may be filed regarding the child. You should also receive notice of other court proceedings that try to terminate your parental rights to the child.

HOW DO I REGISTER?

The Registry is maintained by the Vital Records section of the Georgia Department of Human Resources. The Putative Father Registry contains the name, address and social security number of anyone who claims he is or claims he may be the father of a child.

Sometimes your name will automatically appear on the Registry. Sometimes you must register for your name to appear on the Registry.

You are automatically registered if your name appears on a child's birth certificate. Your name can appear on a child's birth certificate if you signed the birth certificate with the mother's permission. It can also appear on a child's birth certificate if you were legally married to the child's mother when the child was born. Finally, if there is a child support order in place for you to pay support for the child, then your name may automatically appear on the Registry.

If you are not automatically registered, you should choose the type of registration that fits your situation. Your registration can claim that either you are the father of a child, or that you are possibly the father of a child.

If your name appears on the Registry, the information on the registry may be used to help establish your child support obligations to the child.

IF I ACKNOWLEDGE PATERNITY ON THE REGISTRY, CAN I DENY IT LATER?

Yes. Generally, you can rescind or ‘undo’ your acknowledgment of paternity any time before a child support or other order is entered that establishes that you are the father of the child. If the mother also signed the Registry, agreeing that you were the father of the child, your ability to deny paternity is more limited. In this case, you can have up to 60 days to rescind or ‘undo’ your acknowledgment of paternity. Within this 60-day period, you can rescind or ‘undo’ your acknowledgment any time unless a court enters an order determining that you are the father. If you discover you are not the child's father after this 60-day period or after a court order, then you should speak to an attorney about filing a court case to rescind or ‘undo’your acknowledgment of paternity.

WHERE CAN I GET A REGISTRATION FORM?

You can find a Putative Father Registry Registration Form in any county Vital Records Registrar's Office, in county Health Departments, in Probate Court offices or at the State Office of Vital Records.

You may obtain the form online from the Department of Human Resources, Division of Vital Records. To go to their website, click HERE.

Seeing Double: A Paternity Battle Between Identical Twins

What happens when a woman has sex with twin brothers within hours of each other and then becomes pregnant? How do you determine which brother is the father and which is the uncle? Unfortunately, even the best DNA tests money can buy can't answer that question today.

Read the entire story regarding this paternity battle with a twist.

Source: ABC News.     

SOURCE FOR POST: Oklahoma Family Law Blog

FREQUENTLY ASKED QUESTIONS ABOUT PATERNITY

WHAT IS PATERNITY?

Paternity means fatherhood, the quality or state of being a father.

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WHAT IS A PATERNITY TEST?

A Paternity Test is a DNA (Deoxyribonucleic Acid) or genetic test that determines whether a given man could be the biological father of a child.

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ON WHAT GROUNDS CAN I RECEIVE A PATERNITY TEST?

Paternity test are not just used to determine whether an individual is the biological father of a child. A Paternity test is useful in many situations, including:

• Assisting women seeking child support from a man who denies he is a child s biological father.
• Helping men attempting to win custody or visitation rights.
• Providing peace of mind for men wishing to confirm paternity.
• Establishing proof of heritage for an adopted child seeking their biological parents.
• Determining grand parentage, inheritance rights, insurance claims or Social Security benefits.
• Assisting in immigration cases on the grounds an individual is a biological relative of a citizen.
• Establishing Native American Tribal Rights.
• Determining rightful heirs by DNA profiling for estate purpose.
• Providing conclusive evidence of sisterhood or brotherhood for siblings separated for long periods of time.

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The Biggest Mistake Made by Fathers in Paternity Cases

Question:  What is the Biggest Mistake Fathers Make in Paternity Cases?

Answer:   Delaying. Many fathers wait too long to legally establish paternity in the family court. While many fathers do not understand the importance of having the family court declare them the legal father of their child and delay on that basis, other fathers simply wait until the relationship with their child's mother goes south or a process server serves them (the father) with papers for child support, child custody and/or visitation. This results in substantial problems that could have been avoided by dealing with the issue under the applicable family laws right away.

Some of the problems delay in establishing paternity can cause include decreased chance of primary physical or joint custody, child support arrearages, an appearance of disinterest and the impression that the Arizona courts are not fair to fathers. Let me explain:

Child Custody and Visitation: The courts like consistency in a child's life. Thus, if a father does not does not have a court order declaring him to be the legal father, it is very likely that the mother has been allowed to prevail on disputed issues regarding those entities that require proof of a parent's legal rights to make decisions. Such entities include schools, daycares, medical facilities, the Office of Vital Records and the like. Thus, it is likely that when it comes to making its decision about legal custody, the family courts usually go with the perceived status quo.

Similarly, if a father does not have anything done officially in the courts to solidify his rights, the mother has complete control over visitation and it is very possible that the father will be having access to his child less than he would prefer. So, as with custody, the family court may opt for the status quo, meaning that the father will receive the [possibly minimal] visitation he received up to the time the family court became involved. Thus, establishing legal rights early can help prevent a negative status quo. Of course, many fathers have their children residing with them or while also living with the child's mother and that is a very relevant factor the court considers when determining child custody and visitation, regardless of when the family court officially declares paternity and visitation rights.

Child Support Arrearages (Arrears): At the time the family court establishes legal paternity (via an "Order of Paternity"), the family court almost always also establishes child support. Like it or not, the family court also routinely orders that child support be made retroactive to a certain date. How far back the family court can go in retroactively apply child support varies based on a case's particular facts but the normal rule of law is three years. Thus, if a father either paid nothing or underpaid pursuant to the Child Support Guidelines, the father will have to pay both his current support and the arrears. In addition, the court can order that the father pay costs associated with the child's birth and the mother's expenses related thereto. Therefore, it is best to legally establish paternity quickly to avoid having large child support arrearages and other amounts owed.

The Appearance of Disinterest: It is possible that when a father waits too long to officially request his legal rights to his child, a family court judge could see it as a sign of disinterest. This varies from situation to situation but in the case where a father does not live with his child, it looks better when the father shows enough interest to study up on his legal rights and initiate court proceedings to officialize custody and visitation (parental access), decision-making rights and child support. In particular, judges may see in negative terms a father's request for visitation and other legal rights done only after a mother brings an action in the family court to establish paternity and child support.

Unfairness to Fathers: There may a number of factors that make some believe that the family courts are not fair to fathers when it comes to child custody, child support and parenting time. Obviously, that is a big debate. However, my personal experience shows me that the perception is worse for those fathers who delay establishing paternity. As discussed above, delay can mean that mothers have an advantage over fathers.

Source:  "What is the Biggest Mistake Fathers Make in Paternity Cases?" by Trent Wilcox, published at his Arizona Divorce & Family Law blog.

SOURCE FOR POST: South Carolina Family Law Blog

Parent Trap? Litigation Explodes Over Paternity Fraud

Paternity fraud is rampant in the United States, triggering legislation and legal challenges in more than a dozen states, according to family law attorneys and fathers' rights activists.

At issue: Men claim women are getting away with trickery -- DNA evidence may show a man is not the father, but the courts are still forcing him to pay child support anyway.

"This is the new underdog," said Michigan family law attorney Michele Kelly, who represents mostly men tangled in paternity disputes. "I was a staunch feminist. I marched with Gloria Steinem. But the new victims in America are working men. All they are is a mule train."

Most recently, Kelly secured a victory for a Michigan man who had paid an estimated $80,000 in child support over 15 years to his ex-wife, despite DNA evidence that proved he wasn't the father of their first son. On March 23, after a bitter court battle, the case settled with the ex-wife agreeing to have all child support canceled. Richardson v. Luria, No. 91-7019-DM (Bay Co., Mich., Cir. Ct.).

The woman's lawyer, Robert Dunn, a solo practitioner based in Bay City, Mich., was unavailable for comment.

Meanwhile, Kelly, of Kelly & Kelly in Northville, Mich., said this case is just the tip of the iceberg.

"One case is just more outrageous than the next," she said.

Paternity: Introduction

"Paternity" refers to the legal establishment of who is the father of a child. While the identity of a child's biological mother is usually by nature easy to establish, the father's identity may in some cases be uncertain. Paternity issues often arise in cases involving child support, but they can also be important in relation to adoption, inheritance, custody and visitation, health care, and other issues.

Paternity Actions in Court

An action to establish paternity is a civil proceeding. Most states require that paternity be established by a "preponderance of the evidence," which means that it must be more likely than not that the man is the father of the child. Other states, like New York, apply a higher standard, requiring clear and convincing evidence of paternity. In reality, however, the different standards have little practical impact in light of recent developments in scientific testing.

DNA Testing and Paternity

The advent of DNA profiling was a major breakthrough in paternity testing. In a DNA test, the scientist examines the genetic material that the child inherited from its biological parents. First the child's genetic characteristics are compared to those of the mother. The characteristics in the child that are not found in the mother are determined to have come from the father. If the man being tested does not have these genetic characteristics in his DNA, he can be scientifically excluded. If the man does have such characteristics, the probability of his paternity is calculated. DNA testing can establish a father's paternity with over ninety-nine percent accuracy. DNA testing can be done even before the child is born.

Establishing Paternity

DNA testing is generally done only when one party contests the paternity allegations. For instance, the putative (or "alleged") father in a paternity action that is the basis for child support collection may require proof that he is the child's father before he consents to payment of support. In other cases, the mother may contest the putative father's paternity, such as when a man attempts to gain custody of or visitation with a child he believes to be his. In many other cases, there is no argument between the parents, and paternity can be established voluntarily. Paternity may also be established by circumstantial evidence, such as when a man takes the child into his home and holds the child out to the public as his own. A married man is presumed to be the father of a baby born to his wife during or shortly after their marriage.

Once paternity is established, the father may be ordered to pay child support for his child. A father who is not married to the child's mother generally will not be awarded custody of the child if the mother is providing reasonable care, but he may receive preference over third parties, such as grandparents or prospective adoptive parents.

Paternity issues, like most family law issues, can have far-reaching implications, both financially and emotionally. When faced with these issues, it is important to seek the counsel of an objective, experienced lawyer.

SOURCE: FindLaw

Chris Rock asks Ga. court to determine paternity of boy

Chris Rock has asked a Georgia court to start paternity proceedings to determine if he's the father of a 13-year-old boy whose mother tried to file a paternity lawsuit against the actor and comedian last month.

Rock "desires to contribute to the support, maintenance, and education" of the boy if there's evidence to prove he's the father, according to papers that Rock's attorney filed Monday in Bulloch County Superior Court.

Kali Bowyer, who lives in Bulloch County, sought last month to file a paternity lawsuit against Rock seeking child support and medical coverage for her son, Jordan. She withdrew the lawsuit after court officials told her it was outside the southeast Georgia county's jurisdiction because Rock is a New Jersey resident. However, Rock is requesting that the matter be taken up in the Georgia court.

"She is looking forward to establishing that Mr. Rock is the father of their son and bringing the case to a swift conclusion," Brett Kimmel, Bowyer's attorney in New York, said Wednesday.

Kimmel declined to answer questions about what sort of relationship Bowyer claims to have had with Rock, or why she waited 13 years to seek a paternity claim. Bowyer told the Statesboro Herald last week that she and Rock "were friends and we spent time together."

Rock's attorney, John Mayoue of Atlanta, and his publicist, Leslie Sloane, did not immediately return telephone calls by The Associated Press seeking comment.

Rock recently directed and starred in the film "I Think I Love My Wife," and is behind the hit television series "Everybody Hates Chris," which is based on his childhood. He and his wife, Malaak, have been married for 10 years and have two young children.

SOURCE: Fulton County Daily Report

Preemptive Paternity Testing

Many people think of DNA paternity testing as strictly court-ordered, but attorneys are finding strategic advantage in independent pre-emptive testing. The reason for this is simple.

Prior to the administration of a DNA test, there is no one, with the possible exception of the mother, who can identify a child's biological father with certainty. And no matter what the mother or alleged father say, the attorney may harbor some doubt. No attorney wants an embarrassing surprise in the middle of a case, forcing a hurried change in strategy. Hence, the pre-emptive paternity test.

If done independently, the report does not need to be submitted unless the court requires it. Therefore, if the results will help the client's case, the attorney will be sure to use them in court. On the other hand, if the results are not advantageous to the client, then the attorney will not mention the test. Of course, this strategy would not defend against a court-ordered test, but at least the attorney will be prepared for the outcome.

SOURCE: DivorceNet

National Child Support Enforcement Program

Background

The timely receipt of child support is critical for millions of American families and children. The nation’s Child Support Enforcement Program (CSE) is a federal/state/local partnership to help families by promoting family self-sufficiency and child well-being. Child support agencies locate non-custodial parents, establish paternity when necessary, establish orders for support, and collect child support payments for families.

All states and some tribes run a child support enforcement program, either in the human services department or department of revenue, often with the help of prosecuting attorneys, district attorneys, other law enforcement agencies, and officials of family or domestic relations courts. Families seeking government child support services must apply directly through their state/local agency or one of the tribes running the program. The most recent state-reported data show that nearly $18 billion in child support payments was distributed. The total child support caseload was over 17 million.

Services are available to a parent with custody of a child who has a parent living outside of the home. Services are available automatically for families receiving assistance under the Temporary Assistance for Needy Families (TANF) program. Current child support collected reimburses the state and federal governments for TANF payments made to the family. Those not receiving public assistance can apply for child support services. Child support payments that are collected on behalf of non-TANF families are sent to the family.

The Federal Office of Child Support Enforcement (OCSE) maintains an Internet site that is always available and open to give general child support information. It provides access to state child support agency Internet sites as well. The OCSE Internet site provides general answers to many questions that families may have about the program. Questions regarding a specific case are best answered by the state child support agency since states are responsible for the day-to-day administration of the program. Find out more by logging on at: http://www.acf.hhs.gov/programs/cse.

I'm a New Mother

The following is another article from DivorceNet and offers general observation (not state-specific) on questions single mothers may have about their legal rights:

I just gave birth to a baby girl. I'm not married to her father and I don't want to get married, but I want to protect my daughter. What should I do?

If the father agrees, have him sign papers acknowledging paternity of your baby before she leaves the hospital. If he won't, you'll have to see a lawyer and prepare papers for a court case.

I'll probably be able to get him to sign the papers in the hospital, but what if he changes his mind and won't pay any support?

Depending on the laws of your state, the putative father may have a short period of time to rescind or take back his voluntary acknowledgment, but his initial acknowledgment could be used against him in court.

What happens to his child support obligation while we're fighting in court?

Again, it depends on your state's laws, but you could be entitled to receive child support on a temporary basis until the court enters a final judgment of paternity. When the final judgment enters, you'll also get so-called final orders of support, although in it's possible to modify or change "final" orders if circumstances change.

Can I make him submit to DNA testing?

You probably can, depending on the laws of your state. If your boyfriend acknowledges paternity and then rescinds, he'll probably be ordered to submit to testing.

If he doesn't acknowledge the baby, what can I do?

Again, it depends on the state where you live, but you would have to file a suit and some sort of written document signed under oath, like an affidavit, that states that sexual intercourse occurred between you and putative father during the period of probable conception. If you were married to someone other than the putative father during the probable period of conception, your spouse or former spouse would have to be notified.

I was married to my former husband then, but I don't want him involved. He doesn't even know about the baby. Why do I have to tell him?

You should check out the laws of your state, but usually states insist upon involving the mother's husband or former husband, because he could be the father, if your child was conceived during marriage or within 300 days after the marriage is terminated by divorce, death or annulment. Up until a few years ago, the courts automatically presumed the husband was the father if the child was conceived during those periods. That meant all children born during marriage were presumed legitimate.

Can my daughter's father claim that I had sexual intercourse with my former husband or other men during the probable period of conception?

Perhaps, but the answer depends on the laws of the state where the paternity action is pending. For example, the Massachusetts courts only allow the mother to offer evidence about her sexual relations with other men, so your boyfriend wouldn't be allowed to introduce evidence about other men.

SOURCE: DivorceNet

I'm Having a Baby!

The following article is from DivorceNet and offers general observation (not state-specific) on questions single mothers may have about their legal rights:

I'm having a baby boy in a month. I'm not married to the baby's father, and we don't plan to get married. Should I be concerned about custody and child support? My boyfriend is not ready to settle down.

He may not be ready to change diapers, but he'll have to help support the child. That's the law. Depending on the state where you live, it can mean he'll have to support the child until he is emancipated at 18, or in some states, at 21 or even 23 years of age.

Do we need to sign any papers?

You should! There's a lot at stake financially, psychologically and legally. Check with a family law lawyer in your state. There's probably a procedure that allows you and the putative father to jointly acknowledge the parentage of your baby. The papers should be filed with the proper court, and if you and the putative father can't agree on custody, support and visitation, the court will issue orders.

I lost my job recently and don't plan on working until the baby is at least three months old, but I need help now, and my baby's father never gets around to writing me a check. What can I do?

Depending on your state's laws, you probably have a right to file a court action before the baby is born. The court won't make a final decision on paternity until the baby arrives, but you'll be able to get some support and medical coverage in the meantime.

Will I get enough to pay all of my bills?

That's hard to say. Each state has its own rules and child support guidelines, but it's probably fair to say there won't be enough money to pay all of your bills simply because most putative fathers don't have enough money. And even if the putative father has lots of money, courts don't award money to women for their own support in these cases.

You mean there's no "palimony" before the baby is born. What happens after the baby arrives?

Even after the baby is born, you're still not entitled to "palimony," but you should receive the same amount of child support a divorced woman receives. The states have tried eliminating any legal differences between children born out of wedlock and those born to married people. But the amount of support you get depends on state law. For example, if Massachusetts law applies, you'll get more support that you would under Texas law. Every state has its own rules and guidelines.

SOURCE: DivorceNet

DNA Paternity Tests: Why Not 100%?

Perhaps, conditioned by the "99%" we see plastered across the face of home pregnancy tests, we are given the impression that the paternity testing labs will achieve an accurate result in only 99.9% of paternity cases. Actually, this is not quite the way to understand the benchmark that all DNA labs strive to achieve.

One way to understand this measure more accurately is to think of a lottery. While the chances that any one person will have chosen the winning six numbers are exceedingly remote, occasionally more than one winner emerges. Since a person's genetic makeup is unique, the odds are overwhelmingly against any specific two unrelated people sharing a complete DNA profile. However, in paternity testing, since only a limited number of genetic markers are tested, it is possible that across a large population, two people have, just by random chance, enough genes in common to produce a false positive report. In order to compensate for this statistical fact, the paternity testing labs generally test a large enough number of genetic marker systems so that the theoretical possibility of a second person also being included is generally very small.

Even when a child's DNA and the alleged father's DNA are an exact match, there will always be a theoretical possibility that someone else fathered the child. But in order for that to be the case, someone else with similar genetic markers (a rarity in itself) had to have a sexual relationship with the mother. Once we determine a probability of paternity to such a high degree, the likelihood that someone other than the alleged father is indeed the biological father is so small that most courts tend to disregard that possibility, and in the absence of evidence to the contrary, consider the test reliable proof of paternity.

So when you read a lab report stating that John Doe "cannot be excluded" as the father of John Doe Jr. with probability of paternity reaching 99.9%, rest assured that these results are 100% accurate.

SOURCE: DivorceNet

Paternity in the Military

Legal assistance attorneys occasionally advise military members who are an alleged father about an obligation to support a child, the jurisdiction of a court in an adoption or filiation proceeding, possible legitimization by marriage of the parents, and rights of the child under immigration and pension laws. Generally, the father of any illegitimate child may be required to provide child support through paternity proceedings. Where the father has not acknowledged the child, paternity must be established in court or administratively. The degree and the kind of proof required depends on the purpose for which it is used, and the State law involved.

Army Regulation (AR) 608-99, paragraph 3-7, provides guidance on the administrative processing of paternity claims. Aside from the moral issue of fatherhood, child support obligations and some government benefits depend on whether the military member is the biological father.

Paternity establishment is essentially a state law matter for resolution - either judicially or in some states in an administrative proceeding. According to the Office of Child Support Enforcement (OCSE), many men voluntarily acknowledge paternity.

OCSE administers a combined Child Support Enforcement (CSE) Program to locate parents, their employers, and/or their assets; establish paternity if necessary; and establish and enforce child support orders. State and local CSE offices provide day to day operation of the program. State CSE agencies are listed at the OCSE web site.

Establishing paternity is often the first step to collecting child support for a child born out of wedlock. The paternity proceeding determines whether the named member fathered the child. Either parent can request a blood test in contested paternity cases. Recent developments in DNA testing may make the determination of fatherhood more certain.

The mother of an illegitimate child may allege paternity in a letter to the soldier or his commander, may seek to force the father to provide support through State child support enforcement agencies. Other actions may be brought in connection with divorce, dissolution of marriage, annulment, or spousal support lawsuits, or by a welfare agency.

SOURCE: DivorceNet

Paternity and Twins

Sometimes, a paternity testing question involves two alleged fathers who are identical twins. Can you determine the paternity of the child using identical twins? No. You can exclude and determine non-paternity but you cannot include them.

Twins have the same DNA and therefore, if they are alleged to be the father of a child, the results can only determine that neither twin is the father of the child in question or that one of the twins could be the father but it would not be possible through DNA testing to determine which twin is the father.

Do identical twins have different sets of fingerprints? The answer is yes and fingerprints are the best way to tell them apart. Fraternal twins on the other hand, have different DNA and different fingerprints so you can easily determine the parentage of a child if the twins are fraternal. A testing laboratory should always be notified prior to conducting a test if twins are being tested. In the case of identical twins, including one twin means including another, even if the second twin was not tested.

With fraternal twins, it is advisable but not necessary to test the second twin even if both were with the mother sexually within the same conception timeframe. If the second fraternal twin is not available for testing then the laboratory may opt to run additional testing if the need arises.

SOURCE: DivorceNet

Paternity Law 101

Most states require that paternity be established by a "preponderance of the evidence," meaning that paternity (or lack of paternity) is "more likely than not." This test is the same test used in other civil matters, such as negligence, contract law and malpractice. We call this the 50.01% test, meaning that if evidence is even slightly greater than 50-50, it constitutes a "preponderance of evidence."

However, many states insist on a higher standard, known as the "clear and convincing evidence" test. This test is more stringent (harder to overcome) than the "preponderance" test, but not as strict as the "beyond a reasonable doubt" test, the standard in a criminal case.

Whatever the burden of proof on a person asserting or denying paternity, recent developments in DNA testing may make these distinctions irrelevant. With proper testing, most cases are decided on scientific evidence that is almost 100% accurate. Science has effectively removed paternity cases from usual rules of litigation and proof. Now courts and legislatures talk about 97% or 99% certainties instead of terms like "preponderance of the evidence."

SOURCE: DivorceNet

Setting Aside Paternity and Support Awards

Georgia law has been changed to allow the setting aside of a previous determination of paternity, and the support award that went with that Order.

If new genetic evidence is available showing that a previous legal determination of paternity is incorrect, a motion may be filed to set aside the previous Order and award of child support. This action can also relieve the party from past due payments. The motion must be filed within 90 days of the genetic test showing that there is a 0 percent probability that the person ordered to pay support is the biological father of the child. There are numerous exceptions to this new provision and the statute should be consulted to determine if there is a valid case to set aside. O.C.G.A.§ 19-7-54 (effective May 9, 2002)

SOURCE: DivorceNet

Paternity

The issue of paternity comes up in several ways. A mother of a child may file an action against the alleged biological father to collect child support. She may also file criminal charges against him for non-support. The father may wish to legitimate his child and to obtain visitation privileges, or even obtain custody of the child.

The issue may also come in a divorce action where the parties are not sure of parentage. The determination of paternity is usually aided by blood or DNA testing. The most important thing to remember is that you only get one chance to litigate the issue of paternity. Once the issue is necessary to the pending litigation, it is a final determination of the issue between the parties, whether it is hotly contested, or ignored. For instance, if in a divorce you agree to pay child support for a child born to the parties during marriage, you cannot later contest the paternity of this child.

The best time to seek legal advice is before signing any papers presented by the other side, or the government. You may be signing away important legal rights. If you receive correspondence from the government, or are served with legal papers, seek legal advice immediately.

If you are a new mother, or expecting soon, don't wait to seek legal advice. Blood tests are not always necessary to obtain temporary relief, and you may get some help even before the child is born, including medical costs.

SOURCE: DivorceNet

Related Posts:

• Paternity Law 101
• Paternity in Georgia FAQ

Paternity Issues and Child Support

• Divorce, Annulment and Paternity Information from the Judicial Branch of Georgia

Paternity in Georgia FAQ

Is DNA testing useful?
A DNA test is very effective in determining the biological parentage of the child. It is affordable and easy to do, involving a swab of cheek cells from both the possible parent and the child. The result is usually available in a short time.

Can I get some support for my child even though I am not married to the father of my child?
Yes, it is possible to obtain child support through a court order, perhaps through a paternity suit.

Can I get visitation or custody, even though I was not married to the mother, and am not on the birth certificate?
The law allows you to request such rights through a legitimation suit; in such a case, the court is likely to also establish the child's name, from whom he or she may inherit, and child support.

I want to provide for my child, but I am not the child's biological father. Should I agree to a child support order?
That is a personal decision. But if you know that the child is not yours, it will be very difficult to undo such an order. In the event there is no child support order, you can still elect to support the child, voluntarily, but even then, you may well be setting a precedent which a court will follow should you change your mind later. The best suggestion (next to consulting with an attorney), is to carefully consider the long term and to reach an agreed upon arrangement regarding support, time spent with the child and all other issues, if indeed you desire to be a part of the child's life. A lawyer can help you determine how best to achieve these goals, either through an adoption, a legitimation proceeding, a custody case or any of a number of other options.

I believe that the child I have been paying child support for is not my biological child. What should I do?
The worst thing you can do is do nothing, in part because the court may view your inactivity as acceptance of the situation. You should consider DNA testing. A lawyer can discuss this with you in detail and properly advise you.

I am getting a divorce, and am not sure that a child born during my marriage is my biological child. My Wife wants me to agree to a final child support order. Would I be wise to do so?
Probably not. Child support is a very significant commitment, and a Court Order including child support is hard (but not necessarily impossible) to change. If you doubt that you are a child's biological parent, find out as soon as possible, and do not agree to a final child support order without insisting on a DNA test, just to "get along".

Will the Courts award back child support for the time I raised the child prior to getting a child support order?
In Georgia, some expenses involved in birthing and raising a child may be available, but back child support is generally not available.

Will the Court allow me to stop paying child support, even though I have paid child support, knowing that the child I am paying toward is not my biological child?
Perhaps not. Although Courts are sympathetic to parents who are surprised, or who have been deceived by their spouses, it is much harder to reverse a child support order where the parent appears to have accepted and known that the child was not his biological issue but decided to pay anyway.

SOURCE: DivorceNet

Divorce, Annulment and Paternity Information from the Judicial Branch of Georgia

The following information is from the self-help resources online at the Judicial Branch of Georgia's website:

Divorce and Legal Separation

A divorce ends your marriage. After you get divorced, you will be single, and you can marry again. If you get divorced, you can ask the judge for orders like child support, spousal support, custody and visitation, domestic violence restraining orders, division of property, and other orders.

Although the procedure and most of the issues involved are the same, a legal separation does not end a marriage. You can't marry someone else if you are legally separated (and not divorced). A legal separation is for couples that do not want to get divorced but want to live apart. The court order generally defines the rights and responsibilities of the spouses between each other while living apart. Couples sometimes prefer separation for religious reasons.

Filing for divorce

You must file your petition for divorce with the Superior Court. In most cases, this will be the county in which the defendant resides. Title 19 Chapter 5 of the Georgia Code describes the specific details your petition must include. Click here to go to a site where you can search the Georgia Code. O.C.G.A. §19-5-5 lists all the items that are required to be included in the petition.

The grounds for the divorce have to be in the complaint/petition.The Georgia statutes list thirteen grounds for divorce. Most divorces are granted on the no-fault grounds that the marriage is irretrievably broken. The twelve other fault grounds may be found in O.C.G.A.§19-5-3.

Paternity Issues and Child Support

Paternity must usually be established before child support can be collected.

The question "Who is the father?" is not as simple a question as you might think. There are important legal distinctions between different situations relating to paternity.

When Paternity Is Agreed On or Presumed

Acknowledged father. An acknowledged father is a biological father of a child born to unmarried parents for whom paternity has been established by either the admission of the father or the agreement of the parents. An acknowledged father must pay child support.

Presumed father. If any of the following are true, a man is presumed to be the father of a child, unless he or the mother proves otherwise to a court:

• The man was married to the mother when the child was conceived or born, although some states do not consider a man to be a presumed father if the couple has separated.
• The man attempted to marry the mother (even if the marriage was not valid) and the child was conceived or born during the "marriage."
• The man married the mother after the birth and agreed either to have his name on the birth certificate or to support the child.
• The man welcomed the child into his home and openly held the child out as his own.

Love, marriage and the Baby Carriage

The following article by Stephanie Ramage appears in The Sunday Paper:

Teachers and some other parents often comment on the civility of my ex-husband and me. I have been fortunate in the fact that I do not have an ex-husband who takes delight in making my relationship with my child difficult—there are some ex-husbands and ex-wives whose lives seem to revolve around that. I am also lucky in the fact that my ex-husband is now married to a very nice woman who gets along well with my son and doesn’t feel threatened by me.

The most difficult aspect of the equal-joint custody arrangement that my ex and I worked out years ago (on our own, without an attorney) was the way that I was judged for agreeing to share my child’s time with a man from whom I was divorced. A lot of people simply shrugged off the fact that he is my child’s father. They didn’t grasp that that fact alone—in the absence of any bad habits or dangerous behavior, of course—was reason enough to ensure that he’d able to maintain a real relationship with our son. They failed to understand that the child is more important than the union that produced him.

I have heard women say, “People will think there’s something wrong with me if I don’t get full custody” even though they themselves think that their ex-husbands are excellent fathers. As is always the case, it’s the child who suffers most from such lopsided thinking.

This cultural bias has its roots in the courts. We, as a culture, tend to judge as our judges judge. So when judges award parental rights to one parent and not to the other, some think that the court must have seen something wrong with the non-custodial parent. But that is misleading. First, many attorneys are simply not familiar with the option of equal-joint custody and do not have confidence in the court’s approval of it. Sometimes, wonderful parents end up with the smaller slice of the child’s time simply because the judge or the attorneys think that two people who’ve divorced are unlikely to be able to manage a shared-custody schedule. I can say from experience that one’s ability to be a spouse and one’s ability to parent are not one and the same. Terrible husbands and wives quite often are great fathers and mothers.

It’s a shame that our courts don’t put more faith in the possibility of equal-joint custody. It is one option that allows both parents to be fully involved in a child’s life. But when it comes to family law, our legislature and our courts seem bent on applying punishment rather than applying the healing balm of dignity, equality and peace.

This is also true in cases which do not involve divorce. In Georgia, as in many other states, if a woman is not married to the biological father of her child, that father’s rights are abridged. That is, the court sees a marriage certificate as more legally binding than a biological accident. But marriage can be as ill-considered as any one-night stand. And, for children, there is no difference between Mom and Dad having a legal document that binds them and not having one if both parents love that child. Unmarried, divorced or married, a parent is a parent—and children need good parents, whatever their marital status might be.

Georgia’s legislature takes up family law issues every session. No doubt more legislation aimed at control over our unions and families will be thrown at us by the General Assembly again this year. Already, House Bill 3 seeks to require the consent of the biological father before custody of a newborn is transferred to a third party. It might slow the adoption process, but it might be a way of recognizing the dignity of a parent who would otherwise be ignored because his union with the mother was not sanctioned by the state. It could also have repercussions for other legislation governing custody. If the child is, in fact, more important than the status of the union that produces the child, then biological parents should be granted every right granted to married parents.

SOURCE: The Sunday Paper

Duped Dads Fight Back

Time.com recently posted the following article by Julie Rawe on paternity fraud:

"It was the lawyers of ancient Rome who came up with the modern definition of fatherhood: Mater semper certa est; pater est quem nuptiae demonstrant (rough translation: The mother is obvious; the father is the one she was married to when the child was born). The Romans, however, didn't have access to genetic testing. Dylan Davis did. A few months after his divorce in 2000, Davis, 36, a software engineer in Denver, took a DNA test to confirm a nagging suspicion that he was not the biological father of his 6-year-old twins. The negative test results led him to give up partial custody of the boy and girl--"The anger grows and grows, and it just keeps chipping away at your love for those children," he says--and since his ex-wife moved to another state, he has had no contact with the twins. But under Colorado law, he is still required to pay $663 a month in child support. So Davis is lobbying to change the statute so that he and others like him won't be held financially accountable for children who aren't biologically theirs.

Advocates for these so-called duped dads say such men should be treated as victims of fraud and liken the need for paternity-disestablishment amendments to truth-in-lending laws. They point to many an egregious case in which the law's marital presumption of fatherhood has ended up enslaving a divorced dad, like the Michigan man who proved he had not sired his son but was still ordered to send child-support payments directly to the boy's biological father, who was granted custody after the mom moved out of his place and left the kid there. Increasingly, policymakers across the country are turning a sympathetic ear to such complaints. Florida last year joined Georgia and Ohio in allowing a man to walk away from any financial obligations regardless of how many years he may have been acting as a minor's father if he discovers he was deceived into parenthood. Fathers' rights groups in Colorado, Illinois and West Virginia are pushing for similar legislation that would remove or extend existing time limits for challenging paternity.

Spearheading the legislative movement is Carnell Smith, a Georgia engineer who found out shortly after he broke up with his girlfriend that she was pregnant and spent the next 11 years believing he was the girl's father. Then, in 2000, after his visitation time had been cut back around the same time that a court order nearly doubled his monthly child-support payments, he took a test that showed he was not the biological parent. Three years and about $100,000 in child support and legal fees later, Smith, 46, managed to disentangle himself from any responsibilities for the girl, and says he walked out of court "a broke but free man." He successfully lobbied his home state to pass its paternity-fraud law in 2002 and now runs a DNA-testing company. Its slogan: "If the genes don't fit, you must acquit!"

But justice for a disillusioned dad can clash with the best interests of a child raised to think of him as a father. "These cases get cast as the duped dad vs. the scheming wife," says Temple University law professor Theresa Glennon, who has examined the changing legal landscape. "This is really about men deserting children they have been parenting." She points out that severing paternal ties could devastate a child depending on the length and quality of his relationship with the nonbiological father.

Even so, last May the Mississippi Supreme Court ruled that the state's current law doesn't let a court consider a child's best interests when a father requests DNA testing to determine paternity. And in a sign of the further complications genetic testing may have unleashed, the New Jersey Supreme Court is debating whether a nonbiological father can sue the biological one for $110,000 in child-support reimbursement. The plaintiff in the case didn't learn the truth about the son he had believed to be his own until the kid was 30.

Some legislators, however, are acknowledging that there is more to fatherhood than what can be defined solely by the sharing of a few genes. Oklahoma last year joined several states in adopting a law that limits the time frame for contesting paternity to a few years after the child's birth. Paula Roberts, an attorney at the nonprofit Center for Law and Social Policy who helped craft these measures, argues that such time limits protect both the child and the nonbiological father, should Mom ever try to shut him out or the biological dad suddenly show up wanting to horn in. Meanwhile, activists in Oregon are planning to submit two competing bills this session. Both allow a man to contest paternity within a year of discovering he is not the biological father, but only one forces the courts to consider a child's best interests in every case. The other allows a nonbiological father to get out if he wants to, but if he's the one fighting to maintain parental status, then the court has to consider the child's interests. That's a lot of nuance, but when it comes to determining fatherhood, sometimes an easy answer isn't what's best."

_______________________________________________________________________________

Georgia, as mentioned in the article, passed a statute in 2002 that permits a putative father, under certain limited and defined circumstances, to seek to set aside a determination of paternity. The relief is not available if he has acknowledged paternity in a sworn statement, been named as the child's biological father on the child's birth certificate with his consent, been required to support the child because of a written voluntary promise, received written notice from the Department of Human Resources, any other state agency, or any court directing him to submit to genetic testing which he disregarded, signed a voluntary acknowledgment of paternity; or proclaimed himself to be the child's biological father.

The law's primary effect is to terminate a child support obligation, but it does not establish procedures for recovering child support payments previously paid. The remedy for such a recovery, if one is available, appears to be a lawsuit for fraud and unjust enrichment.

SOURCE: Time.com; Official Code of Georgia 19-7-54