Unlike some other states, Georgia has a distinct two-step process fathers must use to secure legal rights to their child if they were not married to the child’s mother. The two steps are paternity and legitimation.
The first step is to establish paternity
Establishing paternity gives a father certain rights and responsibilities. Once paternity is established, then state authorities can secure and enforce a child support order. The father will have the right to receive notice if the child is placed for adoption.
However, paternity alone does not confer custody and visitation rights.
To establish paternity legally, there must be proof that a man is the biological father of the child in question. Legally sanctioned DNA testing is taken to be definitive proof, or disproof, that a person is the biological father of the child.
However, Georgia parents also may like in other states execute a Paternity Acknowledgement. As the name implies, the Acknowledgement reflects the parties’ agreement that they are the biological parents.
Although a person may cancel the document within 60 days of signing it, afterward, it becomes binding proof that a man is the father of the child.
A man wanting to void the Acknowledgement later would have to challenge it in court on legal grounds. Usually, it is better to opt for DNA testing if there is doubt about paternity.
Legitimation is the second step in the process
The legitimation process is what confers a biological father with legal rights to child. Once this process is complete, a father has the right to seek custody of their child and to have visitation.
Georgia’s Paternity Acknowledgement form includes an option for legitimation, provided the parents are doing so within 1 year of the child’s birth. However, a dad may still have to go to court to spell out and enforce his custody and visitation rights.
Either parent may also file a petition with the proper court to ask both for legitimation and a parenting plan.
Unmarried fathers may need help advocating for their custody rights
Unmarried dads who live in the Augusta area or who are here temporarily for military duty may need to understand their legal options and alternatives for securing their rights to have a relationship with their child.
Getting through the hoops of paternity and legitimation are only first steps, especially if the mother of the child intends to try to challenge the father’s right to a relationship.