Conyers, GA asked in Family Law for Georgia

Q: if the father didn't sign a birth cert. or have the child legitimize does he have rights? if the mother lives in another

state and the child was born in the state with the mother he is concerned a citizen of the state of Georgia but the father took the child from the mother by getting her too visit his home in the state of Virginia would that be kidnapping?

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2 Lawyer Answers
Trinity Marie Hundredmark
Trinity Marie Hundredmark
Answered
  • Duluth, GA
  • Licensed in Georgia

A: In the State of Georgia, paternity and legitimization of a child born out of wedlock were long held as two different processes. Paternity established that the man was the biological father, but the law required a child to be legitimate before the father could pursue custody and visitation issues. However, since 2005, parents can establish paternity and legitimize a child by signing a Voluntary Paternity Acknowledgement at the hospital or within the first year of the child’s life (O.C.G.A §19-7-21.1).

Read more here: http://atclawfirm.com/a-fathers-responsibilities-understanding-the-issue-of-legitimacy-in-georgia-family-law/

Ellaretha Coleman
Ellaretha Coleman
PREMIUM
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: Unfortunately, in the State of Georgia, a father does not have rights to custody or visitation of a child born out of wedlock until he legitimizes the child.

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