The Court of Appeals of Georgia (Second Division), in Williamson v. Williamson, A09A1767, considered a case this year involving former spouses that had a child born while married to each other. A child born during a legal marriage is presumed the legal child of father (husband), unless rebutted. The Court ruled that a presumed father who seeks to set aside a determination of paternity thereby de-legitimizing the child, has a very high hurdle and is required to include several things in his motion.
Case law requires that a trial court consider the best interests of a child in a legal father’s claim for de-legitimation. So additionally, in a mother’s claim to de-legitimize the legal father, the trial court must also consider the best interests of the child. Since the law favors legitimation even when the child’s legal father may not be the biological father, a mother who seeks to de-legitimate a child is not automatically entitled to compel the legal father to submit to genetic testing. To compel genetic testing of the legal father, the mother must first present evidence establishing that de-legitimation the child is in the child’s best interests.
Lunn Law LLC and Attorney Tiffany R. Lunn want you to be aware of your paternity and legitimation case. You should speak with an experienced paternity and legitimation attorney about the particulars of your matter. Remember,in cases such as this, the court’s most important priority is the best interest of the child.