If you are a father who would like to assert your custody rights in Georgia, establishing paternity is the first step. Paternity is a legal acknowledgment that you are the father of a child.
Once paternity is established, there is one more step before you can pursue your right to custody. This is legitimation. Only a biological father can file for legitimation, which is why establishing paternity is a necessary first step.
There are three ways to establish paternity
If you are legally married to the child’s mother when the child is conceived or born, you are legally presumed to be the child’s father.
You do not have to take any additional steps in this scenario to establish paternity. But if you are married and do not believe you are the child’s biological father, you will need to go through a legal process to challenge the presumption that you are the child’s biological and legal father.
If you are unmarried, you can establish paternity by signing a voluntary paternity acknowledgment form. You can do this at the hospital after the child is born or the Office of Vital Records.
What if you later learn you are not the child’s father?
You have 60 days from the date of signature to contest the paternity form if you provide proof that the child is not biologically yours.
The final way to establish paternity is through a court. A court may order that a mother, father and child submit to a DNA test to prove paternity.
Paternity versus legitimation
Legitimation creates a legal relationship between a parent and child. In addition to custody and visitation rights, this includes inheritance rights for the father and child.
However, legitimation is not necessary to create a legal obligation to support a child. Once you establish paternity, you are legally responsible for supporting the child.