Child Custody and Child Support

In Georgia, parents of children born out of wedlock are parents of illegitimate children.  Aside from the unsavory conclusions people sometimes draw when they hear the word "illegitimate," a child born out of wedlock does not have a set of legal parents.  Only the child's mother is the legal parent until a Georgia court enters a Legitimation Order or the parents mutually sign a specific state-issued form within a year of the child's birth called Acknowledgment of Legitimation.  A father that has not been legally named the legitimate father of a child born when he is not married to the mother will have zero rights to visit or see the child or to demand custody absent the mother's consent.  Appearing on the child's birth certificate is NOT, in and of itself, sufficient to give the biological father legal rights to the child.  However, the father will still have a legal obligation to support the child financially even if he has no parenting rights or legal rights to the child.  The legitimation issue is even more significant when a biological father that has not been officially declared the "legal father" deals with a child's mother that only lets the father parent the child subject to her arbitrary, passing fancies.  In fact, even when the parents both execute an official Acknowledgment of Legitmation, the father has not actual rights to visitation or custody until set by court order.  Therefore, any time a child is born out of wedlock, the biological father should hire an experienced Gwinnett County divorce attorney to file a legitimation and/or custody action to ensure that he will have legal rights to the child.  At the time of the legitimation, a Georgia court is also empowered to determine a Parenting Plan to deal with issues of physical and legal custody, visitation, holiday and summer parenting time, decision-making, exchanges of the child for visitation, telephone contact, etc.  Child support will, in most cases, also be determined.  Doing a legitimation case right requires that this Parenting Plan be entered at the time of the legitimation.  A good family law lawyer is a parent's best bet to secure the proper custodial arrangement for children born out of wedlock.

If you are facing a child support or child custody matter then you owe it to yourself to contact an attorney you know you can trust. Contact Gwinnett County divorce attorney Douglas N. Fox in regards to your family law case he will be able to provide you with the legal advice and representation you deserve.