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Legitimation Cases are necessary in Georgia

If a child is born out of wedlock in the State of Georgia, then the biological father has no immediate or automatic custody rights. Fathers, read that again… there are no automatic rights! The ONLY way to establish legal custody between the biological father and the child is by filing a Petition for Legitimation in the Superior Court. Even if you are on the birth certificate, have taken a DNA test, and signed the acknowledgment of paternity at birth, you still have no legal rights.

That’s why it is imperative, no matter your situation with the mother of your child, to complete the legitimation process. If the Mother is not disputing that you are the father, the paperwork can be done quickly by consent and chances are you will never even see a courtroom. However, if the mother is contesting your rights in any way, our experienced family law attorneys can make sure that your Father’s Rights are granted and enforced, including a determination of custody, parenting time, and child support.

In fact, many fathers are granted primary physical custody and receive child support from the child’s mother.

How is Paternity different from Legitimation?

When a Mother wishes to file to render the father of her child as the legal father, that is called a Petition for Paternity. If a Mother initiates a Paternity action, the court will make determinations about the father’s custodial rights, parenting time, and child support, just like it would if a father initiates a Petition for Legitimation.

Mothers, please note that until you file a Petition for Paternity, or the father initiates a Petition for Legitimation, that biological father has no rights to the child, but the child also enjoys no rights to the father, including financial support and rights of inheritance, etc.

If you want to ensure that the father is legally responsible for the child or children you share with him, contact our family law attorneys today to schedule your consultation.

Frequently Asked Questions About Legitimation and Paternity

Do I have to file a legitimation action if my child and the mother both reside with me?
Yes! Regardless of the circumstances, if the father and mother were not married at the time of the baby’s birth, then the father IS NOT the legal father until a Petition for Legitimation is filed with the Superior Court. Even if you signed the birth certificate. Even if the baby has your last name. Even if you got a DNA test proving you are the biological father. In Georgia, there are only 2 ways to achieve legitimation for a baby born out of wedlock: (1) Petition for Legitimation in Superior Court; (2) if the parties get married after the baby is born.
Yes.  When you file for legitimation, both legal and physical custody will be established.  It’s almost guaranteed that the parents will share joint legal custody.  Then, the court will look at the best interest of the child to determine if the parents should also share joint physical custody, or if either parent should be awarded primary physical custody.

We have multiple offices to accommodate your needs!

We have offices in Gwinnett and Athens, allowing us to serve the greater Gwinnett and Athens areas. Our services extend to the following counties: Banks, Barrow, Cherokee, Clarke, Cobb, Dawson, DeKalb, Fayette, Forsyth, Franklin, Fulton, Greene, Gwinnett, Hall, Hart, Henry, Jackson, Madison, Morgan, Newton, Oconee, Oglethorpe, Rockdale, and Walton.

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