| Some of the most heartbreaking cases I've had | | | | supported the mother and child for several years. |
| are those of fathers not married to their child's | | | | If the father does not marry the mother, the |
| mother and not realizing that they have to take | | | | only means by which the father can have any |
| steps to secure their legal rights to the child. In | | | | legal rights to the child is to file a legitimation |
| Georgia, an unmarried father has no rights to his | | | | petition. A child who has been legitimated by his or |
| child at all unless and until he either marries the | | | | her father may inherit from the father, whereas |
| mother and publicly claims the child as his own and | | | | a child that has not been legitimated might not |
| gives the child his name or files a petition in court | | | | legally be able to inherit from the father; this is |
| to legitimate the child. Until one of these two | | | | extremely important legal distinction that could |
| events happen, the mother has all parental control | | | | have unintended or devastating consequences. |
| over the child and the father has no rights. | | | | At a minimum, a biological father in Georgia should |
| I have had several cases in which the unmarried | | | | list his name on the putative father registry with |
| parents of a child live together for a period of | | | | the Department of Human Resources/Vital |
| time as a family, and then the parents decide to | | | | Records. By taking that act, the biological father |
| separate. In Georgia, if the father has not | | | | can at least ensure that no legal action such as |
| legitimated his child, he has no rights and the | | | | adoption can be taken by another party without |
| mother legally can prevent the father from | | | | notice to the father. A listing on the putative |
| contact with the child. While this may seem | | | | father registry does not provide legal rights as far |
| morally wrong, it is legally permissible. | | | | as custody and parenting time, but it does |
| What can unmarried fathers in Georgia do in order | | | | prevent legal action regarding the child to be |
| to protect their rights? As soon as the child is | | | | taken without notice to the father. In order to |
| born the father should file a petition to legitimate | | | | successfully object to any such legal action once |
| the child; he should do this regardless of whether | | | | he has notice, the father would likely have to |
| he is living with the child's mother. If there is any | | | | follow through with a legitimation petition, but at |
| doubt as to paternity, a DNA test should be | | | | least he will have the opportunity to protect his |
| completed prior to the filing of the legitimation | | | | rights. |
| petition. | | | | A biological fatherin Georgia does not have an |
| Custody, parenting time (visitation), and child | | | | absolute right to legitimate his child. It is possible |
| support can be addressed in a Georgia legitimation | | | | for a father to lose his right to legitimate his child |
| action. In Georgia an unmarried father of a child | | | | if he waits too long in order to procure his legal |
| can secure his custodial rights (including parenting | | | | rights. There is no set time limit after which a |
| time) by filing a petition for legitimation; doing so | | | | father automatically loses his rights, but the longer |
| will provide the father with custodial rights and a | | | | the father goes without legitimating the child the |
| court-ordered parenting time schedule that the | | | | higher the risk that he has abandoned his |
| father may rely on even in periods of | | | | opportunity interest to develop a relationship with |
| disagreement with the child's mother. Upon | | | | the child, and his legitimation petition could be |
| receiving an order of legitimation, the biological | | | | denied. |
| father of a child is recognized as the legal father | | | | An unmarried father in Georgia who wishes to |
| and stands on the same legal footing as the | | | | have legal rights to his child and to stand on the |
| mother in regard to custodial and parenting time | | | | same legal ground with the mother regarding |
| rights. | | | | custody and parenting time must file a legitimation |
| In Georgia, there is a difference between being | | | | petition, and should do so immediately after the |
| the biological father and the legal father of a child. | | | | child's birth regardless of his relationship with the |
| Having the status of only the biological father | | | | mother or the fact that he might be living with |
| does not provide the father with any rights. It | | | | and/or supporting the child. Biological fathers of |
| does not matter if the father paid for the | | | | children born out of wedlock should seek legal |
| pregnancy and maternity care of the mother, | | | | advice as soon as possible in order to protect |
| was at the birth of the child, and signed the birth | | | | their rights and make sure that they are legally |
| certificate. It does not matter if the parents lived | | | | able to maintain their relationship with the child. |
| together as a family with the child and the father | | | | |
