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My former boy friend threatens to order a paternity test on…

Customer Question
My former boy friend...

My former boy friend threatens to order a paternity test on my newborn baby, I am afraid he will take the baby away. Can I deny the paternity test without getting the rough of the court? I am in Georgia. Thanks.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Georgia.

Lawyer's Assistant: Have you talked to a lawyer yet?

No.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I do not need his money and the child support from him.

Submitted: 10 months ago.Category: Family Law
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9/26/2017
Family Lawyer: LegalGems, Lawyer replied 10 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,991
Experience: Experienced Family Law Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Family Lawyer: LegalGems, Lawyer replied 10 months ago

An alleged biological father cannot demand a paternity test; only the court has the authority to order this type of testing and with a court approved lab.

If the alleged bio father can prove that there is a possibility the child is his (ie if the parties were together at the relevant time period) the court will typically grant a request for paternity.
However, even if the test establishes paternity the father has no legal rights to child custody or visitation until the court makes that ruling.

The court will consider many factors deciding custody issues including:

(a) The love, affection, and other emotional ties existing between the parties involved and the child.

(b) The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue the education and raising of the child in his or her religion or creed, if any.

(c) The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs.

(d) The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.

(e) The permanence, as a family unit, of the existing or proposed custodial home or homes.

(f) The moral fitness of the parties involved.

(g) The mental and physical health of the parties involved.

(h) The home, school, and community record of the child.

(i) The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.

(j) The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents.

(k) Domestic violence, regardless of whether the violence was directed against or witnessed by the child.

(l) Any other factor considered by the court to be relevant to a particular child custody dispute.

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Family Lawyer: LegalGems, Lawyer replied 10 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
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