Every child in Georgia has a legal right to financial support from both parents regardless of the parents’ marital status. If your child came into the world outside of marriage, you may have heard the term ‘illegitimate’. Many parents worry this label affects their child’s right to receive support. Fortunately, it does not. Georgia law protects every child’s right to financial support from both parents, no matter the circumstances of their birth.
The importance of establishing paternity
The key to securing child support for your child starts with establishing paternity. Paternity is the legal identification of who the child’s father is. Without it, a father carries no legal obligation to pay child support. Once you establish paternity, however, he becomes financially responsible for the child even if you were never married. For unmarried parents seeking support, establishing paternity is the most important first step.
How to establish paternity in Georgia
For married couples, Georgia law automatically presumes the husband fathered every child the couple has during their marriage. For unmarried parents, the process requires a few extra steps. Here is how you can establish paternity in Georgia:
- Sign a Voluntary Paternity Acknowledgment (PA) form at the hospital at the time of birth.
- Visit any Vital Records office to sign the PA form if the father did not attend the birth.
- Add the father’s name to the child’s birth certificate.
These steps create an official legal record of the father’s identity and open the door to requesting a child support order.
What if the father refuses to acknowledge the child?
Now that you know how to establish paternity, it is important to understand what happens if the father refuses to cooperate. Some fathers try to avoid financial responsibility by refusing to sign the PA form. However, a father cannot legally opt out of his responsibilities. If he refuses to sign, the court can order a DNA test to confirm paternity. Refusing a court-ordered DNA test can result in a contempt of court charge. If the test confirms he is the father, the court may also require him to reimburse the state or the mother for the cost of the test.
Fight for your child’s right to support
Both parents owe your child acknowledgment and support, no matter the circumstances of their birth. Thankfully, Georgia law is on your side and the legal process works to make sure your child receives everything they rightfully deserve. Hence, understanding your rights is the first step toward securing a better future for your child. This is where having the right guidance can make all the difference in protecting what matters most to your child.