Marietta Paternity Rights Lawyer

If a child is born to unmarried parents, the mother’s full custodial rights are automatically established. A father receives no automatic rights.

But they can receive rights if they establish their paternity of the child. Both they and the mother can sign a Voluntary Paternity Acknowledgment. They can do this at the hospital after the child is born or with the State Office of Vital Records. 

If the mother refuses to sign the form, the father can go to court. They can use the result from a DNA test to prove that the child is theirs. The Department of Human Services can also initiate an action to establish paternity. 

Establishing paternity establishes that a father must pay child support. It does not automatically give a father visitation or custody rights. But it can corroborate a legitimation case.

Legitimation

Legitimation will give the father all legal rights for the child. A mother and father can sign an acknowledgment of legitimation when the child is born. If a child is less than one year old, they can also sign an acknowledgment. 

If the mother was married to another person when the child was born, the biological father must establish paternity first.  Georgia law assumes that the husband is the father of a child.

The biological father must go to court to prove otherwise. They must file a petition for legitimation. The mother or mother’s husband can challenge their petition.

A father who receives legitimation can then have custody of their child. They maintain their custody rights if their marriage gets annulled. If their marriage ends, they may be required to pay child support. 

Child Custody 

The key principle in custody laws that a judge considers is the child’s best interests. As such, fathers and mothers share the same custody and parental rights. Yet the terms of a custody agreement can vary. According to Georgia custody laws, both parents must submit parenting plans. The plan outlines what each parent’s responsibilities will be.

The plan must also discuss physical and legal custody. Physical custody refers to a parent’s control over where a child lives. Legal custody refers to a parent’s right to make decisions for their child’s life. A father may have very limited rights. They may have a degree of physical custody, but they may have no legal custody.

It is very important that a father hires a team of father’s rights lawyers in Georgia. The lawyers can develop a parenting plan and justify it in court. They can also speak to the mother’s lawyers and work out a mutual agreement. Parenting plans and custody agreements are not set in stone. A father can ask for a child custody modification. They should do this if the mother presents a danger to the child.

Visitation 

Fathers and mothers have the same visitation rights under Georgia law. Visitation allows a non-custodial parent to see their child. A father may lack physical custody, yet a judge may grant them visitation rights. 

A father may have the right to visit their child unsupervised. A judge can impose a requirement that another person accompanies them while they are visiting their child. Another relative or a social worker may sit by and watch the two.

If a father receives full custody and the mother asks for visitation, the father can challenge the request. They should present evidence that indicates that contact between the mother and child would be against the child’s interests.

Child Support

A 2022 survey from the Census Bureau found that mothers are three times more likely to receive child support payments than fathers. Fathers tend to make more money than mothers, so judges ask them to contribute child support more often. 

Georgia has a calculation to determine child support obligations. A judge looks at the parents’ combined income and then divides it by each parent’s income. A noncustodial parent who contributes 75% to the combined income will need to provide 75% of the support. It doesn’t matter who the noncustodial parent is. Georgia focuses on income levels, not gender identities.

Yet a father may be seen as “the breadwinner,” which can skew a judge’s final decision on child support. They should provide clear details about their financial situation so they don’t pay more than they have to.

Alimony is a separate payment from child support. Alimony supports a former spouse so they can attend to their needs, while child support helps the child. A father may not pay child support, yet a judge may require them to make alimony payments.