2021 Georgia Code
Title 19 - Domestic Relations
Chapter 7 - Parent and Child Relationship Generally
Article 3 - Determination of Paternity
§ 19-7-51. Order of Support and Other Provisions

The decree or order establishing paternity may contain any other provisions concerning the duty to support the child by periodic or lump sum payments, as provided in Code Section 19-6-15, or any other matter in the best interests of the child.

(Code 1933, § 74-312, enacted by Ga. L. 1980, p. 1374, § 1; Ga. L. 2016, p. 304, § 8/SB 64.)

The 2016 amendment, effective July 1, 2016, inserted "establishing paternity" near the beginning and substituted "as provided in Code Section 19-6-15, or any other matter in the best interests" for "visitation privileges with the child or any other matter in the best interest" at the end of this Code section.

- Ga. L. 2016, p. 304, § 18/SB 64, not codified by the General Assembly, provides: "This Act shall not be construed to affect a voluntary acknowledgment of legitimation that was valid under the former provisions of Code Section 19-7-21.1, nor any of the rights or responsibilities flowing therefrom, if it was executed on or before June 30, 2016."

JUDICIAL DECISIONS

Custody not determined in legitimation action.

- In a proceeding on a father's petition for custody, when the issue of custody had not been determined in a prior legitimation action, the court erred in requiring the father to show a material change of condition affecting the well being of the child; rather, the dispute must be resolved under the best interest of the child test. Kennedy v. Adams, 218 Ga. App. 120, 460 S.E.2d 540 (1995).

Cited in Mullin v. Roy, 287 Ga. 810, 700 S.E.2d 370 (2010).

RESEARCH REFERENCES

Am. Jur. 2d.

- 41 Am. Jur. 2d, Illegitimate Children, §§ 78, 79.

- 14 C.J.S., Children Out-of-Wedlock, §§ 123, 124.

- Rights and obligations resulting from human artificial insemination, 83 A.L.R.4th 295.

Liability of father for retroactive child support on judicial determination of paternity, 87 A.L.R.5th 361.