Many unmarried couples have children, and in many cases, both parents are actively involved in the children’s upbringing. However, unmarried fathers may not have legal parental rights even when they acknowledge the child is theirs.
Georgia still distinguishes between legitimate and illegitimate children. The father of an illegitimate child who wants full parental rights must take legal steps to make their child legitimate.
Our family law attorneys can help you with this process. Our team has extensive experience in establishing paternity and legitimation under Georgia law. We can help you seek legal parental rights to ensure your child has two legal parents.
Acknowledgment of Paternity Does Not Achieve Legitimation
Under Georgia law, a child is legitimate if the parents were married when the child was born. The husband is legally presumed to be the child’s father and has full parental rights.
When an unmarried couple has a child, the mother is the child’s only legal parent, and the child is illegitimate under the law. The couple can sign a Paternity Acknowledgement establishing that the man is the child’s biological father and directing his name to appear on the child’s birth certificate. This acknowledgment provides the child with important information about their origins and history but does not establish a legal relationship between the father and child.
Signing an acknowledgment of paternity does make a man responsible for his child’s financial support, though. A parent who is concerned about the implications of signing a paternity acknowledgment should speak with a Georgia lawyer before completing the form.
Two Pathways to Legitimation
When parents marry, they make any children they have together legitimate, regardless of when the children were born. Marrying the child’s mother is one way for a man to secure full legal parental rights between himself and his child.
When marriage is undesirable or not an option, there is a legal legitimation process. The Official Code of Georgia Annotated § 19-7-22 allows a man to seek parental rights through a legitimation action. The man must file a petition with the court in the county where the mother or child resides. A member of our family law team can help a father prepare the petition and submit it to the court.
When the man can prove he is the child’s biological father, courts typically approve requests for legitimation unless the mother objects. Courts also may deny legitimation when a child was conceived through sexual assault or when the mother was a child when she gave birth.
Legitimation Establishes a Legal Parental Relationship
When a man legitimates his child, he secures full parental rights. His child can inherit from him and may be entitled to certain public benefits. The father has a right to seek custody, parenting time, and decision-making authority.
However, a family court will not necessarily grant these requests. All decisions about custody and other issues concerning children are based on the children’s best interests.
A father who hopes to secure custody, parenting time, or decision-making authority should consult with a member of our family law team. We can explain the factors a judge considers when determining the best interests of a child and help you present a persuasive case.
Work With a Georgia Attorney on Legitimation Issues
It surprises many people that Georgia still classifies some children as illegitimate. It is an outdated concept, especially as so many parents choose not to marry for various reasons.
However, as the law currently stands, when an unmarried father wants to exercise his parental rights and ensure his child inherits if he dies, he must go through the legitimation process. Contact the Atlanta Divorce Law Group to help you navigate the legal details. Reach out today.
