Legal Rights to Your Child When Unmarried: What You Need to Know
Parenthood can be challenging, and when the parents are unmarried, it can bring additional complexities to the table. Let’s take a few minutes to talk about the legal rights and custodial rights for unmarried parents.
Legal Rights for Unmarried Fathers
On the male side, if the parents are not married at the time the child is born, the father must legitimize the child to have any legal rights to the child. The legitimation action is what actually establishes the legal relationship between the father and the child. However, it doesn’t give any custodial rights or visitation. That has to be done also in a legal action, and just in case you’re wondering, no, signing the birth certificate at the time the child is born is not enough.
In Georgia, when a child is born to unwed parents, the mother automatically has all of the rights, legal rights, physical custody rights, and everything goes to the mother. However, paternity must be established for the mother to be able to get child support from the father, and that paternity action also has to be a legal action. Again, the fact that the father has signed the birth certificate is not enough for child support to be awarded. A paternity action is necessary.
How can a dad legitimize their child in Georgia?
You might be asking, how do I legitimize the child? You have to go to court. It might seem intimidating, but it’s necessary for the father and the child to protect their legal rights and their legal relationship to each other. The process doesn’t have to be adversarial. A lot of times dads don’t want to rock the boat. They don’t want to blow up a situation. We understand and we’re not here to have that happen. We do them by consent as well, so it can be a smooth and straightforward process.
Even if the parents are still in a committed relationship, it’s absolutely necessary for the father to go through the legitimation process. A lot of times, when folks have their baby, it’s the last thing they’re thinking of. That’s why it’s crucial to start planning before the baby is born, so everything is done correctly.
At our firm, we’re here to help you navigate through this process, regardless of whether you’re still in a committed relationship or not. We understand that you might not want to get married, but you still want to be legally recognized in this child’s life and fulfill your obligations. Give us a call, and we can help you with that situation.
When it comes to legal and custodial rights for unmarried parents, it’s essential to understand the legal steps required to establish a relationship with the child. If you’re unsure about what steps to take or have any questions, don’t hesitate to contact us. We’re here to help you protect your rights and the best interests of your child.
