Fathers Rights entails having the same rights as the mother. I tell every client that it took an egg and a sperm to create this child(ren), however, Georgia law does not recognize your sperm, only the egg. In essence, the Mother is only acknowledged. The Mother can go and place the potential Father on child support without the man’s knowledge, without a positive paternity test, or by refusing to place the alleged father’s name on the birth certificate.
Father’s Rights means having the same say so in your child’s life without having to get permission from the Mother. Father’s Right’s entails having your child carry your last name, having the same right to have primary physical custody as the mother, the same right to participate in parent teachers conferences, rights to make decision regarding medical treatment, the right to be awarded child support from the mother, and the important right… to have a say so in your child(ren) life!
A Georgia father must legitimate any child that is born out of wedlock. There are two ways to legitimate….the Father can marry the mother or petition the court for Legitimation. Legitimation allows the Father to have rights to the child(ren). This essentially means rights to have a say so concerning education (what school your child(ren) attends, extracurricular activities, religion, and non-medical emergency. The father will also be granted parenting time.
Attorney Askew always advises all men to have a paternity test before signing any hospital or court paperwork…including but not limited to birth certificates. “Father's don’t visit their children, they parent them!”
A Georgia women can place an alleged father on child support whether a paternity test has been taken, the child(ren) have not been legitimated, or if the couple is separated. Askew Law recommends you contact legal counsel immediately when being served with any paperwork…particularly child support documents. If you wait to get legal representation, your chances of a license suspension and or garnishment increases tremendously!
Divorce is difficult whether it’s a contested or uncontested divorce. Askew Law recommends before making this tough decision… think everything through.
Modification of Child Support and Custody: Modification of Child Support and Custody is not an always guarantee. Georgia law requires that specific factors(decrease in salary, increase in salary, child has elected to reside with the non custodial parent, the court determines that it will be in the best interest of the child(ren) to change custody) be met before a modification is granted.