What Rights Does a Father Have?
In the state of Georgia, the father of a child born to
unmarried parents has no legal rights to his child until a Legitimation action
is filed. It is a common misunderstanding that a father's name on the child's
birth certificate has legal significance. In reality, the father's name on the
birth certificate has very little importance.
Legitimation Process
If a biological father is not married to his child's mother,
he must file for Legitimation in order to establish a legally recognized
relationship with his child. The Petition for Legitimation will be filed by the
father in the Superior Court of the county where the mother and child reside.
In a Petition for Legitimation, a father may seek decision-making
abilities concerning the child and custody or visitation time with his child. If
the child does not share the father's last name, the father may request for the
child to take his last name in his Petition for Legitimation. Through the
Legitimation proceeding, the Court should also establish the father's duty for
support of the child pursuant to Georgia's Child Support Guidelines.
As with any legal proceeding, the parties are encouraged to
discuss the issues and come to an agreement on the terms, if possible. If the
parties cannot agree, the case will proceed to a court hearing where both
parties will present evidence and a judge will make a decision on the matter.
The Court will make a decision on the issues present in the
case based on a standard of what is in the best interests of the child. Once
the Court's Order declares child legitimate, the father's rights are legally
recognized.
Legal Significance of Legitimation
There are several reasons a biological father may want to Legitimate
his child. Most commonly, a father will want to establish a legally recognized
relationship with his child, where he has a legal right to parenting time and
may share his last name with his child. Until a child is legally declared
legitimate by a Georgia Court, the child cannot legally inherit from the
biological father.
Written by: Rebekah Ann James