Legitimation
Georgia Legitimation Lawyers
Atlanta Legitimation Lawyer: In Georgia, legitimation is regulated by state law. Under Georgia laws, the father of a child born in Georgia can establish legal rights to the child in two ways. The first is by marrying the child’s mother. The second is by legitimation. Legitimation is a court process and begins with the filing of the legitimation petition.
If a court in Georgia allows your petition for legitimation, a father child relationship will be created between the child and you. The child will have all rights of a child and you will have all rights of a father. You will be listed as the father on the birth certificate of the child. If you have a child out of wedlock, then legitimation is the only way you can be recognized as the legal father. Unless you are recognized as the legal father of the child, you cannot seek custody of the child. You will not have any visitation rights either.
If you have a child born out of wedlock and you are seeking custody, you must first obtain a legitimation order from a court. Only after you get the order, can you seek custody of the child. Under Georgia law, you can seek custody of the child without a legitimation order from a court if the mother has consented to the custody or the child’s mother is no more and there is no other legal guardian or legal father. Even if your name is on the birth certificate of the child but you are not or were never married to the child’s mother, you must first get a legitimation order before you can apply for custody.
Atlanta Legitimation Lawyer
The process of legitimation in Georgia begins with the filing of the legitimation petition. You must file this petition in your county of residence. You can also file the legitimation petition in the county of residence of the child in question. If there is an ongoing adoption petition, you must file the legitimation petition in the county where the adoption papers have been filed. Legitimation is a complex process. Seek the assistance of an experienced Georgia family law attorney.
In Georgia, the filing fee for a legitimation petition varies over time. You must serve the legitimation petition on the child’s mother. The service must be done by the Sheriff. The Sheriff will charge a fee each address located in Georgia. The mother may waive the service requirement. If you are located outside Georgia, the cost may differ. If you are unable to locate the mother, then the service must be done by publication.
If you cannot afford to pay the filing fee as well as the Sheriff’s fee, you can request the court to waive the fees. You must file an affidavit called the Poverty Affidavit if you are seeking a waiver of the fees. You must provide details of your monthly income and expenses to the court and explain your inability to pay the fee. The court will then decide whether or not to allow you to filing without the fees. Contact us today for a consultation. Atlanta Legitimation Lawyer