Paternity Law in Georgia: Everything You Need to Know About Rights and Responsibilities

The paternity law in Georgia has a direct impact on a parent’s legal rights and the well-being of the child. Many people don’t realize that in this state, being a child’s biological father is not the same as having legal rights over them. If you’re a father and not married to the child’s mother, this article is for you.

Here we explain how paternity law works in Georgia, how to legally establish paternity, what legitimization involves, and why it is essential to do so in order to protect your rights as a father.

What is the paternity law in Georgia?

Paternity law in Georgia governs the legal relationship between a father and his child, especially when the father is not married to the child’s mother. According to this law, if there is no marriage, the father does not automatically have custody or visitation rights—even if his name appears on the birth certificate.

To obtain legal rights as a father, you must follow the steps established by paternity law in Georgia.

What is legitimation under paternity law in Georgia?

Legitimation is the legal process through which a man establishes his rights as the legal father of a child. According to paternity law in Georgia, without this procedure, the father may have financial obligations (such as child support), but no rights regarding important decisions or custody.

Legitimation allows the father to:

• • Request joint or sole custody

• • Participate in legal, medical, and educational decisions

• • Establish legal ties for inheritance and benefits

How is legal paternity established in Georgia?

There are three main ways according to Georgia’s paternity law:

• • By marriage: if the parents are married when the child is born, the father is legally recognized.

• • Voluntary acknowledgment: both parents sign a document acknowledging paternity.

• • Court order: if there is a dispute, a judge may order a DNA test and issue a ruling.

Establishing paternity is the first step to request custody and visitation rights under Georgia’s paternity law.

What happens if you don’t legalize your paternity?

According to Georgia’s paternity law, if you do not legalize your paternity through legitimization, you could:

• • Have no legal right to see your child

• • Be unable to object if the mother moves away with the child

• • Not be able to participate in important decisions.

• • Not have inheritance rights or legal benefits.

Even if you are the biological father, without legitimization, you will have no legal voice or vote.

How to start the legitimization process?

You can file a petition for legitimization in the county court where the child resides. Georgia’s paternity law allows the judge to assess whether legitimization is in the best interest of the child.

If approved, you will be able to request custody and establish a formal visitation schedule.

Frequently Asked Questions About Paternity Law in Georgia

Can I complete legitimization at the same time as paternity acknowledgment?

Yes. Under Georgia paternity law, you can include the legitimization request when filing the acknowledgment of paternity. This helps speed up the process.

What happens if the mother objects to the legitimization?

The judge will evaluate the situation. Although the mother’s objection carries weight, Georgia’s paternity law prioritizes the best interests of the child.

Does legitimization automatically grant me custody?

No. Legitimation recognizes you as the legal father, but you must formally request custody. Even so, it is a requirement to gain legal access to your child under Georgia’s paternity law.

Do you need help with Georgia’s paternity law?

At Pineres Law, we guide you every step of the way to establish and protect your rights as a father. If you have questions about legitimation, custody, or legal recognition, we’re here to help.

Schedule a consultation today and receive personalized guidance on Georgia’s paternity law.