Guide to Georgia’s Paternity Laws and Fathers’ Rights
In Georgia, being a biological father doesn’t automatically give you legal rights. If a child is born to unmarried parents, the father must take legal steps to be recognized as the child’s legal parent. This process can affect everything from child support to custody, so it’s important to understand how paternity and fathers’ rights work under Georgia law.
This guide covers how to establish paternity, how legitimation fits in, and what fathers can do to protect their role in their child’s life.
Establishing Paternity in Georgia
In Georgia, a child born to a married woman is automatically presumed to be the child of her husband. However, if the parents are unmarried, paternity must be established before the father is legally recognized.
There are two main ways to do this:
Voluntary Acknowledgment
Parents who agree on the child’s paternity can sign a Voluntary Acknowledgment of Paternity (VAP) form. This is usually done at the hospital when the child is born, but it can also be completed later through the Department of Health.
Once the VAP is signed and filed, it becomes legally binding after 60 days. After that point, it can only be challenged for very limited reasons, like fraud or mistake.
Keep in mind that signing a VAP does not give the father custody or visitation rights. It only confirms legal fatherhood and can trigger a child support obligation.
Court-Ordered Paternity
If the parents do not agree on paternity, either party can file a paternity action in court. The court may order DNA testing to confirm the biological relationship. If the test confirms paternity, the judge will issue an order declaring the man the child’s legal father.
This order can be paired with additional steps to determine support, custody, or parenting time.
Legitimation and Why It’s Required for Fathers’ Rights
Georgia law separates paternity from legitimation. Even if a man is legally recognized as the child’s father, he does not automatically have the right to custody or visitation unless he has also legitimated the child.
Legitimation is a legal process that gives the father parental rights. Without it, he cannot petition for custody or enforce visitation rights. A legitimation petition can be filed at the same time as a paternity case or separately.
If the mother agrees, the process is often straightforward. If she contests the petition, the court will review the case and decide based on what is in the best interests of the child.
Legitimation also establishes the child’s legal connection to the father’s family. This can affect inheritance rights, insurance benefits, and the right to be included in medical or educational decisions.
Fathers’ Rights After Paternity and Legitimation
Once paternity is established and legitimation is granted, a father gains the right to seek custody, parenting time, or shared decision-making authority.
Georgia courts consider several factors when deciding custody, including:
- The emotional ties between the parent and child
- Each parent’s ability to meet the child’s needs
- The stability of each parent’s home
- The willingness of each parent to support the child’s relationship with the other parent
Both parents start on equal footing, meaning there’s no legal preference for mothers over fathers. The court’s only concern is what’s best for the child. This means a father can be awarded joint custody, primary custody, or a set visitation schedule, depending on the facts of the case.
Challenging Paternity in Georgia
In some cases, a man may want to contest paternity. This often happens when he believes he is not the child’s biological father or was misled about the child’s parentage. If the man has not signed a VAP or been named by court order, he can ask the court for a DNA test.
If he has already signed a VAP, he must challenge it within 60 days. After that deadline, it becomes much harder to revoke, and he may remain legally responsible for the child even if a later DNA test shows he is not the biological father.
Men who are facing paternity claims should seek legal guidance early in the process to protect their rights and avoid long-term consequences.
What a Family Lawyer Can Do for You
Paternity and fathers’ rights cases in Georgia can be complicated, especially if the mother objects or if emotions run high. Working with an experienced family law attorney can make a big difference in protecting your relationship with your child.
A paternity and legitimation attorney can help you:
- File a legitimation or paternity petition
- Enforce your rights after paternity is established
- Build a case for custody or parenting time
- Respond to a paternity claim or child support demand
- Navigate DNA testing and court orders
Fathers have legal options, but only if they take the proper steps. Don’t assume that being involved in your child’s life gives you legal rights. Until those rights are formalized, they may not be enforceable in court.
Contact Our Lawrenceville Paternity and Legitimation Lawyer Today for a Free Consultation
If you’re a father trying to establish your legal rights or respond to a paternity claim, contacting an attorney is likely in your best interest. A skilled Lawrenceville paternity and legitimation lawyer at Crystal Wright Law can guide you through legitimation, custody, and support issues, all while helping protect your connection with your child.
Reach out today at (404) 594-2143 to schedule a free consultation and learn more about how to move forward.
