Don’t Miss Out on Legitimation

You are the proud father of a beautiful child and you live in Georgia. You and your partner or ex-partner are not married, but you both signed the birth certificate as mother and father. It is understandable to believe that signing the birth certificate alone entitles you to custody and visitation rights, however, the State of Georgia requires further procedure. In fact, despite signing the birth certificate, paying child support, and even living with the child, without the child’s mother legally Establishing Parentage or yourself filing a Petition for Legitimation, legally, you have no status as the child’s father.

            Georgia follows a three-layer system to give rights to fathers. First, paternity must be established, then the father must be acknowledged legally, and finally, child custody and visitation are established alongside child support (if the father is not already on child support).

            You can file a Petition for Legitimation or to Establish Parentage in the county where the mother lives or where the party that has legal custody of the child resides; however, if the mother or legal custodian cannot be found or lives outside the state, a Petition can be filed where the father or child resides. The Petition for Legitimation must be filed in Superior Court by the biological father. The Petition must include the name, age, and sex of the child and whether the father wants the child’s name changed.

            After the mother is served with the Petition, she may contest the action for Legitimation by showing that the Petitioner (i.e. father) is not the biological father of the child through a paternity test, or by showing that the father has missed his opportunity to legitimate by taking too long to establish a parental relationship. Ultimately, it will be up to the Court to determine whether to grant your Petition and what custody arrangement will be in the best interest of the child.

            Every family is different and every situation is different. Make sure that you are consulting with an attorney to determine what your options are so that you can make your most informed decision.

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