Unmarried Men Establishing Fathers Rights to Custody of Their Children

Men, if you are not married to the mother of your children, you may not legally be considered the father of your child. Legitimation confers all legal rights to the child as if the father and mother were married — child support, inheritance rights and other benefits connecting to the father. Until recently, fathers had no legal rights if their name was not on the birth certificate, but they could be ordered to pay child support. If the child was born after July 2007 under Georgia law:

The child is automatically legitimated if the father s name is on the birth certificate, even if the parents never marry.
If the parents had a child out of wedlock but then marry, the child is automatically legitimated.
A man who believes he is the father can establish a relationship with the child and obtain visitation.

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Establishing Paternity in Georgia

Legitimation, Visitation Rights and Child Support

Paternity testing and a legal process called legitimation allows fathers to assert their parental rights and mothers the legal standing to seek child support. The law office of Martin M. del Mazo represents either party in proceedings to determine parentage and clarify obligations.

As a family law attorney for 20 years, I believe that children deserve to have both parents involved in their lives, and at a minimum their rightful financial support. My law practice serves clients in Gwinnett County and the surrounding Atlanta metropolitan area.

Legitimation — Establishing Legitimacy and Father s Rights

Legitimation confers all legal rights to the child as if the father and mother were married — child support, inheritance rights and other benefits connecting to the father. Until recently, fathers had no legal rights if their name was not on the birth certificate, but they could be ordered to pay child support. If the child was born after July 2007 under Georgia law:

The child is automatically legitimated if the father s name is on the birth certificate, even if the parents never marry.

If the parents had a child out of wedlock but then marry, the child is automatically legitimated.

A man who believes he is the father can establish a relationship with the child and obtain visitation.

In the event that the mother dies or is deemed by a court to be unfit, it is difficult for a father to get custody if the child has not been legitimated.

Paternity Testing

The mother or father can petition for DNA testing to prove or disprove that he is the biological father. If the child is not his, the man is not obligated to pay child support even if he lived with the mother. Sometimes after divorce, a man may still challenge paternity if he suspects the mother lied about parentage. It is critical to file an objection with the court as soon as possible.

If a paternity test is positive, the father can petition for legitimation and then for visitation. The mother can petition for child support, whether or not the father has initiated legitimation.

Law Office of Martin M. del Mazo
Atlanta Divorce Attorney
750 Hammond Drive
Building 12, Ste. 200
Atlanta, Georgia 30328