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2018 Georgia Code 19-7-51 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 19-7-51 Case Law from Google Scholar Amendments to OCGA 19-7-51

TITLE 19 DOMESTIC RELATIONS

Section 7. Parent and Child Relationship Generally, 19-7-1 through 19-7-54.

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.

Editor's notes.

- 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.

C.J.S.

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

ALR.

- 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.

Cases Citing O.C.G.A. § 19-7-51

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Mullin v. Roy, 700 S.E.2d 370 (Ga. 2010).

Cited 7 times | Published | Supreme Court of Georgia | Sep 20, 2010 | 287 Ga. 810, 2010 Fulton County D. Rep. 3010

...ay occur. See OCGA §§ 19-6-26(a)(1) (defining a child support order as "a judgment, decree, or order of a court or authorized administrative agency requiring the payment of child support in periodic amounts or in a lump sum " (emphasis supplied)); 19-7-51 ("The decree or order may contain any other provisions concerning the duty to support the child by periodic or lump sum payments....
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Banks v. Hopson, 571 S.E.2d 730 (Ga. 2002).

Cited 2 times | Published | Supreme Court of Georgia | Oct 15, 2002 | 275 Ga. 758, 2002 Fulton County D. Rep. 2967

...Laws 1374, 1377 (now codified at OCGA § 19-7-49); see also Worthington, 250 Ga. at 735, 301 S.E.2d 44 (noting that "it is problematic whether any other civil actions for support would be available to mother or child" besides their paternity claim under title 19, chap. 7, art. 3). [16] See OCGA § 19-7-51 (trial court order may contain provisions concerning the duty to support the child by periodic or lump sum payments); see also OCGA § 19-7-46.2 (trial court may issue temporary order of support if clear and convincing evidence of paternity)....