Unwed parents often grapple with a convoluted legal structure when establishing their rights and obligations concerning the child. Within Georgia, the law grants exclusive custody to the biological mother in scenarios of children born outside marriage. Custodial or visitation rights are only extended to the biological father once he successfully establishes a legally recognized relationship with the baby. This article aims to offer comprehensive insights into child custody rules pertinent to unmarried parents in Georgia.
Differentiating Between Paternity and Legitimation
In the Georgia legal landscape, paternity doesn’t automatically grant an unmarried father custodial or visitation benefits. The state law draws a distinction between paternity (proving the child’s biological father) and legitimation (officially recognizing the father-child relationship). While paternity can be achieved along with legitimation or afterwards, only legitimation entitles an uncommitted biological father to seek custody or visitation rights.
Even though the father is included in the baby’s birth certificate (if not already incorporated) and is held accountable to meet financial obligations in the form of child support once paternity is established, he still doesn’t have the legal prerogative to claim custody and visitation rights.
Clarifying Paternity
Paternity presumes the person named on the child’s birth certificate to be the father. Genetic testing is another viable avenue to prove paternity. In addition, a plea to establish paternity may be placed before Georgia courts.
Paternity can also be sanctioned administratively through a Paternity Acknowledgement Form. It imprints the father’s name on the baby’s birth certificate and mandates the same fiscal responsibility as a court-ordered paternity ruling.
Outlining Legitimation
Only a biological father has the right to initiate a legitimation proceeding, which must be conducted in the mother’s county of domicile. Such proceedings in Georgia may involve demands for:
- Custodial rights;
- Parenting duration;
- Visitation privileges.
The mother has the legal right to contest legitimation by affirming that the supposed father is not the biological father, or that he has missed his opportunity to form a bond with the child. Nevertheless, if the court deems the mother’s allegations unverified, it will authenticate the father-child bond.
Consolidating Georgia Custody Laws for Unwed Parents
For better understanding, laws are often assimilated and construed in plain, simple language. This summary tabulates key aspects of Georgia law about child custody for unwed parents.
Statute:
Official Code of Georgia Annotated, Section 19-7-22 (Petition for Legitimation of Child)
General Rule:
An unmarried biological father is permitted to request the court to validate his tie with the child. The court may verify this relationship, provided it aligns with the child’s welfare.
