The state of Georgia’s policy when it comes to families is that children should be supported by the efforts and talents of their parents. According to the law, it doesn’t matter whether parents are legally married or not, both have a general duty to provide financial support for the children. This means that even if a child is born out of wedlock, a parent can be responsible for making child support payments to a custodial parent for a child that does not live full-time with him or her.
According to Georgia law, a child’s biological mother is usually not in doubt; the mother’s name is recorded on the birth certificate, as the mother is always present at the birth of the child. A child’s biological father, on the other hand, may or may not be known at the time of birth. If a mother is married, her husband will be presumed to be the father of the child, but, if the child is born out of wedlock, paternity will have to be established via a paternity test.
Paternity in Georgia can be established administratively or by court order, and a DNA test can be involved. However, parents should understand that a finding of paternity is not the same as ‘legitimation.’ Briefly, the father of an out of wedlock child can be ordered to pay child support if paternity is legally established, but that will not give him full parental rights. To be granted those full rights, such as the ability to ask for custody and visitation, and have a say in child-rearing, the father must be ‘legitimated.’
Parents in Georgia who were not married to each other when the child was born should understand the differences between paternity and legitimation. Most importantly, fathers should realize that having a DNA test and being declared the father in a paternity action may obligate him to pay child support but not give him other rights.
If you are confused about your parental rights or want to clarify the child support you owe, contact our law firm today at 866-601-0619.