Q: Is a divorced father in Georgia the legal father if he's on child's birth certificate without court custody order?
If a father was married when the child was conceived but divorced before the child was born in Georgia, is he still considered the legal father because he doesn't care about paternity and wants to see the child? The divorce decree did not mention the child as they were not born yet, and now there is a new child support order with no court order for custody/visitation. The mother's name is on the birth certificate, and the mother does not agree to visitation or have any agreement in place regarding the father's involvement with the child.
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A:
In Georgia, if the father is listed on the child’s birth certificate, he is typically considered the legal father, even if there is no court order for custody or visitation. Since you were married when the child was conceived, the law presumes that the husband is the legal father of the child. This means that, in the absence of a court order, the father has parental rights, but those rights are subject to the mother’s consent for visitation and custody unless legal action is taken.
To gain formal visitation rights or custody, the father would need to file a petition in family court to establish a custody order. This would allow the court to determine visitation and any other relevant issues such as child support, which is already in place. The court may also order a paternity test if there is any question about biological parentage, though in this case, the father is presumed to be the legal father.
If the mother does not agree to visitation, the father can seek a court order to enforce his right to see his child. It’s important for him to follow the legal process and work with the court to ensure that his parental rights are upheld and to resolve any disagreements about custody and visitation. An attorney can help guide him through the process and ensure everything is done according to the law.
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