My daughters father would like to get my daughter, and have her live with him. But I know for a fact that he would have to go through the courts to get her legitimated. Now his biggest concern is, will they put him on child support? I think the will, however I'm not to sure. So he wants to avoid that and just get her. My question is, what rights does he even have to her if his name isn't on the birth certificate, but he knows that's his child? Is there a way to go around it, without putting him up for child support?I personally don't care if he is on child support or not, due to the fact that his presence makes no difference in how she will be taken care of.
First of all, a child has the right to be support by both of that child's parents. The parents, beginning from the birth of the child, have a duty to support their child. Thus, whether or not a child's father is subject to a child support order, he has an obligation to provide financial support. His failure to pay support is a crime. The mother's failure to insist on him paying support is her interfering with her child's rights.
When a child is born out of wedlock in Georgia, the father has no rights what-so-ever. He only has the duty to support. If the mother of such a child allows her child to spend time with the father, that is her right (and a benefit to the child). But it is not obligated. If a father wants to ensure that his child gets to spend time with him, he must file a court action for legitimation. (You were correct on this point).
If a father files a court action for legitimation, the court will likely initiate child support (even if the mother does not request it). This is because the father is obligated (by law) to provide support and the child is entitled to that support.
I hope this information helps answer your question(s).
~ Kem Eyo
The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.
Legitimization is in the discretion of the judge, so it's not automatic. But what is almost automatic is that a father who is refusing to pay support is showing a lack of concern for the child, so getting custody is far less likely. And in almost every legitimization, a court is going to order support. If he was never married to you, he doesn't have any rights at all unless he does legitimate the child, but he is a criminal if he goes at least 30 days without paying support. If he files a case, you should get a lawyer at that time, and you are doing your child a disservice in not making him pay now (child support without legitimization happens all the time).
If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you. Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at [email protected] . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.
What is confusing is that you expressed an opinion about whether or not he is paying support, but expressed no opinion at all about visitation. It is hard to give proper responses to an inquiry without knowing the position of the person inquiring. You should consult with an attorney on this matter.
I am exclusively a family law attorney, practicing primarily in the metro Atlanta, Georgia trial courts. However, I handle appeals from anywhere in Georgia.
Sign up to receive a 5-part series of useful information and advice about child custody law.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline