For many fathers in Georgia, signing a child's birth certificate feels like a major step toward establishing parental rights. However, under Georgia law, this action alone does not grant a father legal rights to custody or visitation. Without taking the crucial step of legitimation, an unmarried father remains a biological parent but has no enforceable legal rights to his child.  

Birth Certificate vs. Legal Fatherhood: The Critical Difference

Many fathers assume that being listed on the birth certificate automatically grants them custody rights or the ability to make decisions for their child. Unfortunately, this is a common misconception. While signing a birth certificate establishes paternity—meaning the state recognizes the man as the child's biological father—it does not grant legal fatherhood or custodial rights.

In Georgia, legitimation is the only way for an unmarried father to gain legal parental rights, including custody and visitation. Without legitimation, the mother has sole legal and physical custody of the child, and the father has no legal say in major decisions concerning their child's life.

What Is Legitimation and Why Does It Matter?

Legitimation is the legal process that allows a biological father to be recognized as the child's legal father. This process is necessary for an unmarried father to:

✔️ Obtain custody or visitation rights
✔️ Have a legal say in education, healthcare, and upbringing
✔️ Ensure the child can inherit from him under Georgia law
✔️ Protect the father-child relationship in the event of a dispute

Without legitimation, a father has no legal standing to seek custody or even visitation. The mother has full control over whether he can see the child, and she can even relocate with the child without his consent.

How to Legitimate a Child in Georgia

A father can pursue legitimation in Georgia through one of two ways:

1. Voluntary Acknowledgment of Paternity & Agreement With the Mother

• If both parents agree, they can file a Voluntary Acknowledgment of Paternity and a legitimation petition together.

• This process is the simplest way to establish legal fatherhood, as long as both parents cooperate.

2. Filing a Legitimation Petition in Court

• If the mother does not agree to the legitimation, the father must file his own Petition for Legitimation.

• The court will determine whether legitimation is in the child's best interest before granting the petition.

• If granted, the father gains legal recognition as the child's parent and can petition for custody or visitation rights in the same pleading.

Don't Wait—Secure Your Rights as a Father

If you're an unmarried father in Georgia,signing the birth certificate is not enough to secure your parental rights. The only way to protect your relationship with your child and ensure you have a legal say in their life is through legitimation.

At Shakhan & Wilkerson Law, we specialize in father's rights and can guide you through the legitimation process to secure custody and visitation rights.

Contact us today to schedule a consultation and take the first step toward protecting your rights as a father.

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