Establishing paternity is what creates a father’s legal duty to support his child, and it can be done without his cooperation.
Who Can Bring the Case
Under OCGA 19-7-43(a), a petition to establish paternity may be brought by the child, the mother, any relative in whose care the child has been placed, the Department of Human Services, or by a man who is alleged to be the father. An agreement between the mother and the alleged father does not bar the petition. OCGA 19-7-43(b).
What the Order Does
OCGA 19-7-49(a) is blunt about it. On a finding that the alleged father is the father, the court issues an order saying so, and “[t]he sole effect of the order shall be to establish the duty of the father to support the child.” The decree may then address the duty to support and “any other matter in the best interests of the child.” OCGA 19-7-51.
Paternity Is Not Legitimation
This is where most people get tripped up. A voluntary acknowledgment of paternity signed by both parents and filed with the State Office of Vital Records is a legal determination of paternity, but the statute says it “shall not constitute a legal determination of legitimation pursuant to Code Section 19-7-22.” OCGA 19-7-46.1(b).
The courts keep the two apart in practice as well. In Department of Human Resources v. Brown, 213 Ga. App. 42 (1994), a father answered a state child support recovery action with a counterclaim asking to legitimate the child and for visitation. The Court of Appeals held the trial court could not decide those issues there, noting that the mother “is not even a party in a child support recovery action.”
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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!