When the parents of a child are legally married, Georgia family law automatically recognizes the husband to be the father of the child. But what happens in other instances?
Without any further legal action, a father has no rights in his biological child until the child is “legitimated.” That is until a family law court recognizes a person as the legal father. But this does not mean that a biological father does not have any obligations. A biological father has a duty to support his biological children, with not corresponding right to visit with the children.
So why do paternity cases occur? Mother may file these paternity law suits as a basis to clearly establish child support guidelines or to legally finalize paternity against someone denying any connection to a child. A father may institute a paternity action to formalize his rights in the child, such as gaining regular time with the child or even custody.
In Georgia, in the matter of contested paternity cases, the issue is commonly resolved with a DNA test. Child support lawyers near Cumming can assist the mother or the father in determining paternity and the related issues of legitimation, custody and child support.