Details about Father’s Rights in the State of Georgia


Recently, our attorneys have represented an increasing number of fathers who want to be more involved in their children’s lives. Although most people refer to this as “Fathers’ Rights“ it is referred to as a Legitimation case in legal circles.  Fathers’ Rights can be harder to enforce, because the mother’s biological connection to the child is essentially proven at childbirth, while some fathers must establish paternity and legitimation before being able to exercise the full parental rights.

What Rights is a Father Entitled to in Georgia?

Fathers have rights after divorce, including the right to seek and have partial or full custody of their child. Moreover, a father has the rights to establish and maintain an ongoing relationship with their children, routine visitation schedule, and ongoing financial support.  Fathers who share legal custody of their children have the right and responsibility to collaborate with the child’s mother on deciding on issues such as education, healthcare, and religion.

In Georgia, if the parents are not married, the legitimation process enables fathers to have the same documented child custody and visitation rights that a divorced father would have. In addition to creating a legal father-child relationship, this order of legitimation gives a child the right to inherit under Georgia law.

Organizations that Advocate Fathers’ Rights

Fathers’ Rights are becoming a growing movement in awareness and support. There are a number of organizations nationwide that advocate Fathers’ Rights and shared parenting, including the American Coalition for Fathers and Children, Children’s Rights Council, Dad’s Divorce, Divorced Father’s Network, National Parents Organization and The Fatherhood Coalition.

A father can win equal rights in custody and visitation cases! The attorneys at Stearns-Montgomery & Proctor have helped foster ongoing and active relationships with their children, keeping the best children’s best interests in mind. Contact us today and schedule a consultation with our family law attorneys.