Douglasville, GA asked in Family Law, Child Custody and Child Support for Georgia

Q: I wanted to know what the laws are for unmarried parents in the state of Georgia.

He did legitimize her at the hospital by signing a form but that's it. I am willing to work with him and give every other weekend and share holidays and breaks in school but is there any way I can get the agreement in writing without going to court? I know with divorcing parents it is different but since we were never married I don't know how all of this works.

2 Lawyer Answers
Ellaretha Coleman
PREMIUM
Answered

A: The only way to have an enforceable parenting plan agreement is through a legitimation or paternity action in court. However, you are free to give him whatever parenting time you wish in the absence of a court order.

A: Did he go through the legitimation process or just sign the birth records? That’s two different things. Signing the birth record does not give him any legal rights to the child. He would need to go through the legitimation process, which is a legal procedure. Until he has done that, you have all the legal rights to the child and can make the decisions. If he decides to legitimize then you should consult with an attorney who can help you with the process.

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