Legal Question in Family Law in Georgia
Unmarried father's rights
My son has lived with his girlfriend for 6 years and has a child that is 4 years old. They never married and now she just up and moved out with the child. He is listed as the father on the birth certificate and the child has his last name. What are his rights as this childs father. The mother says he has no rights cause they were never married. She also informed him that he would have to have a DNA test to confirm that he is the child's father. What are his legal rights on getting joint custody. She is already trying to keep him from getting his child on the weekends and only at her specified times. Please advise us on his legal rights
3 Answers from Attorneys
Re: Unmarried father's rights
At this point your son has limited rights. He may file a petition to legitimate the child and if granted he will thereafter be recognized as the legitimate father of the child. However this will not automatically result in visitation rights. Visitation rights can either be agreed upon and made a part of the legitimation order or your son may be required to file a separate action to obtain custody and/or visitation rights. Please feel free to contact me to discuss this in further detail at 770-612-0909.
Re: Unmarried father's rights
Mr. Clerke is correct. Because they were not married at the time of the child's birth, your son is not legally recognized as the father until a paternity suit (initiated by the mother) or a legitimation (initiated by the alleged father).
If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.
The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
Glenn M. Lyon, Esq
MacGregor Lyon, LLC
Promenade II
1230 Peachtree Street NE
Suite 1900
Atlanta Georgia 30309
Phone 404.942.3545
Fax 404.795.0993
www.macgregorlyon.com
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Re: Unmarried father's rights
Have your son get a paternity test to make sure he is the father. Then you probably need to seek out a family attorney who can help you with the legal part.
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