Paternity Rights in Georgia: What Every Father Needs to Know

Because a mother gives birth to the child, her connection is clear and instantly established at the moment of birth. The rights of a father are just as strong as those of a mother, but they can be trickier to establish. Talk to a paternity lawyer right away to find out what your rights are and how to establish them under Georgia law.

What Every Father Needs to Know About His Rights in Georgia

Married Fathers

Under George’s law, when a child is born to a married woman, her husband is automatically presumed to be the father.

Unmarried Fathers

Things start to get trickier when the child’s parents are not married. In this case, a father has to establish his rights before the law will recognize them. The first and simplest way to do this is if the parents agree on who the father is and are happy to sign a Voluntary Acknowledgment of Paternity (VAP) form, which usually happens at the hospital when the child is born. If you and the child’s mother neglected this step at the time of your child’s birth, you can do it at the Department of Health. A VAP becomes legally binding in two months and is very difficult to challenge once it is, so make sure you’re confident before signing.

If the parents don’t agree about who the father is, either of them can ask the court to order a DNA test to confirm it. If the test shows a man to be the father of a child, the judge will then declare the man the legal father.

Establishing paternity doesn’t in itself establish all the father’s other rights automatically. It’s merely the first step towards gaining visitation and custody rights, though it does establish support obligations.

Getting Legitimation

Legitimation is the next step. This is usually straightforward if the mother agrees, but if she doesn’t, she has sole custody until the father brings a Petition for Legitimation. If the petition is accepted, then the father can seek custody and visitation rights, and the child has the right to inherit from him and can benefit from his insurance policy, if it covers children.

Doing this requires going to court to file a Petition for Legitimation, notifying the mother, and attending a hearing (where the mother can object, if she wishes). The court will make a decision based on the standard of what it believes is in the child’s best interests.

Further Fathers’ Rights 

Once the foundational rights are established, a father can seek custody and visitation as well as the right to share decision-making with the mother. Custody will be decided based on the best interests of the child, and the court will look at factors like the stability of each parent’s home, how willing the parents are to co-parent, parenting skills, the finances and health of both parents, and many other factors.

Talk to a Paternity Lawyer in Stockbridge, Ga Today

If you’re fighting for the right to be involved in your child’s life, we can help. Talk to South Atlanta Family Law in Stockbridge, GA today. We serve McDonough, Stockbridge, and the surrounding areas.

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