Many remain under the impression that signing the birth certificate is all a father needs to do to establish paternity in the state of Georgia. Sadly, this is a myth and this misconception may lead to legal problems in the future. For this reason, fathers who with to establish a legal relationship with their child born out of wedlock and protect their rights will need to speak to a Legitimation Lawyer right away. This is because Georgia law states the father has an “opportunity interest” in developing the relationship with the child. Missing this opportunity means the interest may be lost.
To ensure the father retains all right to the child, he needs to work to establish a relationship and actively help to care for the child. The father cannot wait until the child is a few years old to do so, as the court looks unfavourably on this when the father does attempt to assert his rights. In the event the mother tries to block this relationship during the pregnancy or upon the child’s birth, the father will need to file with the court immediately.
There are times when the father is unable to communicate with the mother, such as when she ignores all phone calls and refuses to speak to him regardless of what he attempts to do. In cases such as this, the father must document all attempts at making this contact to show the court that he tried. This will typically be enough to show proof that he wished to claim his rights to the child. An attorney can assist with preparing the necessary documentation for proof. In cases such as this, the paperwork is to be filed in the county where the legal guardian or birth mother lives. The only exception to this is when she cannot be located. Then the paperwork is to be filed in the county where the father resides.
A Legitimation Lawyer should also be used in cases where the child has a pending adoption proceeding. The difference here is the father must file his paperwork in the county where the adoption is to take place. The father may need to submit to DNA testing or provide other proof of paternity. As this type of case is very complex, retain legal counsel immediately for the best results.
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