Yes. A father whose legitimation petition is denied still owes support for his child, because in Georgia the duty to support and the right to parent are two separate things.
The Statute Does Not Mention Legitimation
Under OCGA 19-7-24, “[i]t is the joint and several duty of each parent of a child born out of wedlock to provide for the maintenance, protection, and education of the child until the child reaches the age of 18 or becomes emancipated.” The obligation attaches to being a parent. Nothing in it turns on whether a legitimation order was ever entered, or on whether one was sought and refused.
What a Denial Actually Costs
What the father loses is the parental side of the relationship. In Neill v. Brannon, 320 Ga. App. 820 (2013), the Court of Appeals reversed a grant of legitimation because the trial court never expressly decided whether the father had abandoned his opportunity interest in the child. The visitation he had been given went with it, and the court said so directly: “the grant of visitation rights to Brannon is vacated as a matter of law.”
The facts of that case show both halves of the rule at once. Throughout the years the father had no legal relationship with his daughter, he was under a court order to pay support for her, and the record showed he had fallen into arrears on it more than once.
So the Two Questions Are Separate
A denied petition answers whether a man will have custody, visitation, or a say in his child’s life. It does not answer whether he pays.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!