Legal Question in Family Law in Georgia
Legitimation
I have had a child out of wedlock. The father didn't recognize the child until a DNA test confirmed that he was in fact the father. Am I required to sign a legitimation form? Also, what legal rights does he have if any? He doesn't want to go through a court to establish anything but has threaten me with my having to pay HIM child support because I make more money than him. Can this happen?
3 Answers from Attorneys
Re: Legitimation
You are not required to sign any documents to allow him to legitimate. He has no rights to the child until he has a court order legitimating the child and grating him any custodial or visitation rights. As for child support, the law provides that child support is to be paid from the non-custodial parent to the custodial parent. The fact that you make more money will not obligate you to pay support.
Re: Legitimation
Under no circumstance would you be ordered to pay him child support, unless he gets custody. He is bluffing. However, you should consult with a local attorney about your refusal to sign the legitimation papers (which you have the right to do) about the possible detrimental future impact this may have on the child.
Re: Legitimation
You are not required to sign any documents, but, if you decline, he can still file, and a Court might still allow him to legitimate.
The father has no rights to visits with the child or custody until and unless he has a court order legitimating the child.
He has a duty to pay support, regardless of court orders and can be prosecuted if he goes a month without paying.