Many men in Georgia become fathers after getting married, but plenty of others have children without getting married first. Unmarried fathers often worry about their relationships with their children. They may have heard inaccurate information claiming that they essentially have no legal rights.
Georgia does protect the parental rights of unmarried fathers. Men have numerous legal protections when they have children regardless of their marital status. The following are important paternity-related rights that men have under Georgia state law.
The right to establish paternity
Men often assume that a woman must acknowledge them if they want to assert their parental rights. While the easiest way to establish paternity does involve the cooperation of the mother, her support is not always necessary.
Fathers can fill out voluntary paternity acknowledgment paperwork at the hospital with the mother after the birth of the child or at any point while the child is still a minor. If the mother is uncooperative, the father has the right to ask the courts for genetic testing.
The courts can order paternity testing in scenarios were a mother refuses to voluntarily acknowledge a child’s parentage. Paternity testing is non-invasive, highly accurate and relatively affordable. The state does protect a man’s right to legally and scientifically establish his relationship with a child.
The right to seek parenting time and authority
Once a man has officially established paternity through voluntary paperwork or testing and court proceedings, he can then ask the courts for shared custody. In some cases, he may even be able to secure sole custody.
A mother who has abandoned a child or proven unfit to raise a child might not be eligible for shared custody. Some fathers specifically step up when they learn that their child might go up for adoption or into foster placement.
Others simply want an allocation of parenting time and decision-making authority after separating from the mother of their children. Fathers who have established paternity have the same basic rights as any other parents in Georgia. Any attempt to deny them time with the children or decision-making authority requires evidence on the part of the party opposing the man’s request.
Fathers may need help establishing paternity and pursuing their parental rights and responsibilities. Learning more about Georgia’s child custody rules can help men become the active fathers they wish to be. Men who establish paternity can then assert their parental rights in family court by seeking parenting time or shared custody.