Question:
My ex and I were married and divorced in the state of Florida. However, my son was born in the state of Georgia, and has a Georgia birth certificate. It has come to my attention that my son may not be mine. He currently resides in Florida, and I currently reside in Georgia. Which state can I file my motions in? Both? Or just one? I know the fact that he was born in the state of Georgia has something to do with it, but if you could clarify that would be great!
Answer:
Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the states of Georgia or Florida. When was your divorce entered? I suggest you seek legal counsel as soon as possible to see if you can timely file a Motion to Set Aside or appeal this Judgment. Usually, a child born of the marriage is presumed to be that of the father. Since you did not fight this presumption at the time of the divorce, you may be stuck, and unable to "relitigate" the issue. This action would occur in Florida.
