Smyrna Paternity Lawyer

Smyrna Paternity Attorney

If a child is born outside of marriage, the father does not automatically have legal rights to their child. This can be extremely stressful for families to navigate. A Smyrna paternity lawyer can help establish paternity through legitimation or DNA testing, which is the first step to gaining custody, parenting time, and other parental rights.

Experienced Family Law Firm in Georgia

Attorney Young of Young Law Firm, LLC, has over 40 years of professional experience. Family law is often one of the most emotionally charged areas of law. She approaches every new client with the empathy they deserve and passes no judgment.

When you work with our Smyrna family law attorneys, you’re working with dedicated professionals who care about protecting their Georgia neighbors’ legal rights. During your first free, 30-minute consultation, you’ll be able to explain your situation to Attorney Young in detail.

After sharing your desired outcomes, she’ll provide transparent legal advice to help you make informed decisions about your case. The outcome of a paternity case affects not only you, but your entire family. Let Attorney Young guide you.

Georgia Paternity Laws

In 2023, 46.3% of all births in Georgia were to unmarried mothers. Knowing how to establish paternity can help families avoid any legal missteps. In Georgia, paternity shows who the biological father is. However, paternity doesn’t automatically give a father any legal rights.

22% of Cobb County residents were under 18. Children born to unmarried parents require the same necessities as children born in a marriage. To establish paternity and protect family rights, a court or administrative process must be completed. Only certain people can start a paternity case. This includes:

• The child
• The mother
• A relative caring for the child
• The Cobb County Department of Human Services office, located at 1090 Northchase Parkway Southeast in Marietta. This is done for child support purposes. They can also order genetic testing if there is a dispute about who the father is.
• The man who is claimed to be the father

How to Establish Paternity in Georgia

Evidence of paternity can include the father’s name or Social Security number on the child’s birth certificate with his consent. Once that’s done, the father can legally confirm the relationship.

Fathers can also voluntarily acknowledge paternity by filling out a Paternity Acknowledgment Form. This can be done in the hospital after your child is born. Doing so will add the father’s name to the baby’s birth certificate. The form must then be notarized and filed with the Georgia State Office of Vital Records within 30 days of signing it.

Once paternity is established, the father is legally responsible for supporting the child, both physically and financially. Either parent has 60 days to cancel the form after signing. After 60 days, it can only be challenged in court for duress, fraud, or a major mistake. It’s important to remember that paternity doesn’t automatically give a father custody or parenting time if the parents are not in a relationship. To do that, an extra legal step is required.

What to Do After Establishing Paternity: Legitimation

Legitimation is an extra step after paternity in Smyrna that allows the father to have the same legal rights as if he were married to the mother.

To do this, both parents must agree and sign the legitimation section of the Paternity Acknowledgment Form. Once legitimation is established, unmarried parents who aren’t in a relationship can pursue other legal cases at the Cobb County Superior Court, located at 70 Haynes Street in Marietta. Such cases can include:

• Child custody
• Parenting time
• Child support

FAQs

How Can a Lawyer Help Me During My Paternity Case in Georgia?

It’s important to hire a paternity lawyer to help you throughout your custody, parenting time, and child support case. They can prepare and file paperwork and represent you during hearings. A lawyer can also help mothers by ensuring that the child’s father shares financial and caregiving responsibilities.

A good family law attorney will work with both parents to negotiate agreements and, if needed, present evidence in court to protect a parent’s rights and the child’s best interests.

What Is Paternity Fraud?

Paternity fraud is when someone signs a birth certificate but isn’t the baby’s biological father. This can happen in different ways and doesn’t have to be intentional on the father’s part. Sometimes, a mother misleads a man into thinking he’s the father. Other times, both the man and mother know he isn’t the father but agree to list him. If a man discovers he’s been listed as a father by mistake, he can challenge paternity by working with a lawyer.

What Is Georgia’s DNA Law in Paternity Cases?

In July 2015, the state of Georgia passed a new law that requires genetic testing in all child support cases where paternity has not been legally established. Under this law, the Department of Child Support Services manages the process, giving putative fathers multiple chances to undergo testing before default support orders are issued.

Mothers can also name the correct father for support purposes, even if a man is already listed as a father through marriage or prior acknowledgment.

Can a Mother Refuse Paternity or Legitimation?

A mother can oppose legitimation if she believes it’s not in the child’s best interest. This could be for reasons like abuse, abandonment, neglect, or lack of involvement from the father. If a father wants to combat this, he can show his commitment and capability to care for the child to strengthen his claim. The mother’s new relationships or the child’s bond with another caregiver can also influence the decision. Working with an experienced lawyer is key during this time.

Hire a Paternity Lawyer That You Can Rely on for Help

A strong advocate is needed during any family law case. Attorney Young puts compassion at the forefront with her clients, but is known for her dedication in the courtroom. Call our office at 770-758-8976 or use our online submission form. Our team offers free, 30-minute consultations and accepts all major credit cards for client payments.