WHAT IS PATERNITY?
Paternity means fatherhood, the quality or state of being a father.
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.
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.
In Georgia, there are two types of Family Violence Protection Orders:
- Temporary Ex Parte Orders
- Family Violence Protection Orders
A Temporary Ex Parte Order is designed to protect you until the court hearing you must have for a Family Violence Protection Order. You can receive a temporary order without a court hearing, and without your abuser’s knowledge. ("Ex parte" means without your abuser present).
A judge will grant the temporary order only if she or he believes that you are in immediate danger. Temporary orders last up to 30 days, or until your court hearing if it is being heard in another county in the same circuit. They can be extended beyond 30 days by agreement with both parties. This is called a consent order.
A Family Violence Protection Order can be issued after a court hearing in which you and the abuser both have a chance to tell your sides of the story. Family Violence Protection Orders last up to one year, but can be extended for up to three years, or permanently.
In general, if a family or household member hurts you or tries to hurt you (with or without using a weapon) or gives you reason to believe that they are going to hurt you in the near future, that person has committed an act of family violence. For the purposes of getting a protective order, you must have a specific relationship with your abuser.
This type of behavior is illegal, and there are laws to protect you.
"Family violence" includes:
- Hitting, kicking, pushing, slapping
- Criminal damage to property
- Restraint against your will
- Criminal trespass
- Unwanted touching, forcing you to take part in sexual acts against your will
- Threats of violence
- Other felonies
Family violence does not include "reasonable discipline" by a parent to a child in corporal punishment, restraint or detention.
The legal system is divided into two areas: civil law and criminal law. Superior courts and State courts usually administrate these two areas of the law in different court sessions.
Civil law covers disputes between two people. In a civil domestic violence action, you are asking the court to protect you from the person abusing you. You are not asking the court to punish that person for committing a crime. The protective orders discussed on this page are handled in civil court.
The criminal law system handles all cases that involve violations of criminal law such as harassment, assault, murder, theft, etc. A criminal complaint involves charging your abuser with a crime. If criminal charges are filed, the case will be in the hands of the prosecutor.
You may want to pursue both civil and criminal action against your abuser.
Married couples are allowed up to $500,000 ($250,000 each) in profits, tax free from the sale of their principal residence, as long as they have owned and occupied the residence as a principal residence for at least two of the five years before the sale. Formerly, a spouse who moved out as a result of divorce lost his or her $250,000 deduction because it was no longer the principal residence. However, thanks to a change in the tax law, an ex-spouse can now retain that exclusion.
The law contains a specific provision relating to property used by the spouse of a former spouse pursuant to a divorce decree (26 U.S.C. § 121 (d)(3B)). This section states that “an individual shall be treated as using property as such individual’s principal residence during any period of ownership while such individual’s spouse or former spouse is granted use of the property under a divorce or separation instrument.”
This addresses the case of where an individual has retained ownership in the house but where the former spouse occupies the house for a period of more than 3 years from the time the owner (the non-occupying individual) has vacated the home. This allows the non-occupying individual to exclude up to $250,000 of gain when the house is sold, even though he or she did not actually occupy the home for two of the last five years before the sale.
To qualify, the spouse who moved out must remain an owner and the divorce or separation agreement must grant that spouse the use of the home. If a spouse who is the sole owner remarries, the new spouse must live in the house for two years to qualify for the full $500,000 exclusion.