A Paternity suit is often used to establish a biological father's duty to pay child support. Also medical and birth-related expenses incurred by the mother are recoverable from the father. The father cannot be awarded visitation rights or any other rights under the paternity action unless he has filed an action or counterclaim for legitimation. Since a father's duty to support his child arises when the child is born, Georgia law permits the recovery of back child support from the father upon adjudication of paternity.
Prior to legitimation of a child born out of wedlock, the mother is entitled to custody and exercises all parental power over the child.
A biological father must bring a legal action to Legitimate the child to establish his parental rights, custody, visitation, and the child's right to inherit from the father. Once legitimation is granted, the parent/child relationship will be established as if the child were born in wedlock. Issues of custody, visitation and child support can be addressed after legitimation.
Please call Daniels & Taylor, P.C. to schedule an appointment for a free initial office consultation with one of our Attorneys about paternity and/or legitimation of your child.
