The majority of fathers in Georgia are unaware and confused about their rights when it comes to child support. Regardless of marital status, staying informed of the law is vital in safeguarding the interests of both the child and the father. In this article, we provide an overview of child support obligations in Georgia, with a special focus on paternity, legitimation, and support obligations.
Legal Recognition: What Makes a Man a “Legal Father” in Georgia?
In Georgia, a legal father is different from a biological father. A legal father comes into existence automatically when a man marries a woman who is pregnant with a child and gives birth to the child while they are married. This legal standing does not apply to fathers who are not married to the child’s mother. In such cases, a man can either sign a voluntary paternity acknowledgement or obtain legal recognition through a court-ordered DNA test.
In the absence of legal fatherhood, a man cannot claim any rights such as custody, visitation, or support alimony and, therefore, becomes exempt from child support orders.
Legitimation: A Crucial Step for Unmarried Fathers
In Georgia, an unmarried father is required to complete legitimation after paternity identification to obtain legal parental rights. This process is different from paternity, and it gives the father standing to seek custody or visitation and partake in the decision-making regarding the upbringing of the child.
Here’s what legitimation allows you to do:
- Requesting for custody or Even visitation
- Addition of name to the birth certificate of the child
- Child support Payment consideration
In the absence of legitimation, the mother maintains exclusive legal and physical custody of the child, even in situations where paternity has been established and child support payments are being received.
Fathers and Child Support in Georgia
Child support in Georgia is based on a formula that considers both parents’ income and the needs of the child. A common misconception is that fathers are always the ones paying child support, but Georgia law is gender-neutral. If the mother has a higher income or the father has primary custody, the mother may be ordered to pay support.
Important factors the court considers when calculating support:
- Each parent’s gross monthly income
- Health insurance premiums and medical expenses
- Childcare costs
- Parenting time and custody arrangements
The court aims to ensure the child maintains a standard of living consistent with both parents’ incomes.
Equal Rights: Married vs. Unmarried Fathers
Fathers who were married to the mother at the time of the child’s birth generally have the same rights and responsibilities as the mother. However, rights are not automatic for unmarried fathers. If you’re not married and haven’t completed the legitimation process, you do not have legal access to your child—regardless of how involved you’ve been.
Upon the establishment of legal paternity and legitimation, unmarried fathers may fully exercise their rights regarding custody, visitation, and child support.
What Fathers Can Do to Protect Their Rights
To secure recognition of your rights as a father, consider the following measures:
Acknowledgement of Paternity: This can be done by either signing the Paternity Acknowledgment Form or obtaining a DNA test through the court.
Filing for Legitimacy: This can only be done at the superior court located in the mother’s county.
Petitioning for Custody or Visitation: After being granted legitimacy, you can file for joint or full custody.
Maintaining Records: Compile evidence demonstrating your financial and emotional involvement with the child, such as payments, visitation, and communication.
Seek advice from family attorneys: Child support and custody laws can be complicated. Legal representation changes everything in such a situation.
Fathers in Georgia do not have equal rights automatically, especially if they’re unmarried. Knowing your legal standing, establishing paternity, and filing for legitimacy are essential steps to ensure that you not only claim the title of ‘father’ but are heard regarding support, custody, and visitation. These actions matter significantly.
At Palumbo Law, we work diligently to assist fathers with understanding and confidently traversing their family law issues in the state of Georgia. If you have questions regarding child support or a father’s legitimation, reach out to us today so we can help you safeguard your legal rights as a father.
Call today for a free consultation: (770) 756-4295
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