Legitimation is a process that establishes a father’s legal parental rights in Georgia. It can affect child custody, visitation, and inheritance.
If you are trying to legitimate a child or want to contest a legitimation petition in Marietta, GA, Better Law can help.
Our team of experienced attorneys has over 40 years of combined experience assisting people with complex family law issues. We understand the emotional aspect of these cases, and we know what’s at stake. That’s why we provide compassionate guidance and support to all clients throughout the legal process.
Contact our Marietta legitimation attorneys at (470) 308-5409 for a consultation to learn how we can help you assert your legal rights.
How Can Better Law Help With My Legitimation Case in Marietta, Georgia?
Legal proceedings involving legitimation can be an emotional process. You may be trying to establish your right to see your child, or you may be a mother trying to protect your child. In some cases, both parties may agree on legitimation.
In any case, a Marietta family law attorney will be your greatest asset as you navigate the Douglas County court system.
If you hire Better Law for help with your legitimation case in Marietta, Georgia, we will assist you by:
- Listening to your goals and expectations regarding the outcome of your case
- Explaining your legal options and the potential consequences of each decision
- Protecting your rights and ensuring that your child’s best interests remain the primary focus
- Helping you and the other party reach a favorable agreement on child custody, visitation, child support, and other related issues, whenever possible
- Building a case to demonstrate that legitimation is not in the child’s best interests, if applicable
- Representing you and advocating for your child’s best interests in all court hearings
No matter what stage of the process you’re at, our legitimation attorneys in Marietta can help. Contact us today for a case evaluation to learn more about our legal services and how we can assist you.
What Is Legitimation in Georgia?
Under Georgia law, a child is considered “legitimate” when they are born in wedlock – or when the parents are married. If the child was conceived during marriage and the parents subsequently divorced before birth, the child is still considered legitimate under Georgia law.
A child born out of wedlock means the following:
- Their parents weren’t married when the child was conceived.
- Their parents weren’t married when the child was born.
- Their parents haven’t married since birth.
- The child was conceived in an adulterous relationship.
Legitimation is how the father of a child born out of wedlock establishes his parental rights. By legitimating a child, the father is recognized as the legal father. This gives the father rights to child custody, visitation, and parenting time. It also ensures inheritance rights between the father and child in case of either’s passing.
Additionally, establishing legitimation gives you the right to object to an adoption, such as if the mother marries another man who wants to adopt the child.
If a father does not legitimate a child born out of wedlock, the mother will have sole custody. This means the father has no legal right to see the child or make decisions about their upbringing or welfare.
How Does Legitimation Differ from Paternity?
Paternity establishes that a person is the biological father of a child. Legitimation establishes that a person is the legal father of a child.
Georgia is one of the few states that require this extra layer of recognizing the relationship between a father and child. To obtain custodial rights, a father must establish legitimation.
When paternity is proven, the father has a financial obligation to support the child, meaning the mother may be entitled to child support. Additionally, the child may receive Social Security benefits. However, proving paternity alone does not grant the father legal rights to custody or visitation—that is where legitimation becomes necessary.
How Do I Establish Legitimation Under Georgia Law?
You can legitimate a child born out of wedlock in Georgia in the following ways:
- Marry the child’s mother and acknowledge the child as your own.
- Sign a voluntary paternity acknowledgment form. Both the mother and father must sign and have the document notarized. However, this form does not establish legitimation if the mother was married to someone else within ten months before the child’s birth or if another person is listed as the father on the child’s birth certificate. This form must be submitted to the State Office of Vital Records. If you petition the court to establish paternity, you can file a legitimation action alongside. The court can enter an order legitimating the child based on the paternity acknowledgment form if it’s in the best interest of the child.
- File a Petition for Legitimation with the Superior Court in the county of the mother resides (e.g., Douglas County). Only the biological father can file this document – the mother cannot.
If you petition the court, you must name the mother as a party, and she must be served with the documents. She’ll have a chance to be heard by the judge. If the child has a legal father who is not the biological father, he must also be named and served. A decision will be rendered based on the child’s best interests.
If the court declares the child legitimate, it will issue an order outlining support, custody, and other issues related to the child. In some cases, the court may also approve a change to the child’s name.
What Doesn’t Count as Legitimation?
Many people are surprised to learn that they are not considered the legal father under Georgia law.
For example, you may have:
- Signed the child’s birth certificate
- Been identified as the biological father through a paternity test (via genetic testing)
- Been ordered to pay child support
- Been actively involved in the child’s life, such as attending school events
- Lived with the child’s biological mother
However, these actions alone do not establish legal paternal rights. In Georgia, the legitimation process is the only way to do so.
A Legitimation Attorney Can Help You Assert Your Rights as a Parent
Navigating the legal process to establish and enforce a father’s rights can be complex and overwhelming. Any misstep can impact your ability to protect your relationship with your child.
At Better Law, our dedicated family law attorneys are committed to helping you achieve your goals efficiently and effectively. Whether you need assistance with legitimation, child custody, or any other family law matter, we are here to guide you every step of the way.
Contact us today to schedule a consultation and take the next step in securing your parental rights.
Can the Mother Contest a Father’s Legitimation Petition in Georgia?
Yes. The mother must be served with the legitimation petition, and she has a chance to file a response and be heard in court. The superior court judge will listen to both parties and decide based on their testimony and any offered evidence.
As with any child-related matter, the paramount consideration is the best interest of the child.
The following factors can affect whether a Georgia court grants legitimization:
- A history of domestic violence or abuse
- Drug or alcohol abuse by either parent
- The father’s existing relationship with the child
- Whether the child has an established father figure (such as a stepfather)
- The father’s motivation for seeking legitimation
The judge may consider these and any other factors relevant to the legitimation case. While courts tend to agree that a child should have contact with both biological parents, that is not always in the child’s best interests.
For example, if the father is unfit or is petitioning the court to harass the mother or for other improper reasons, the court is unlikely to grant his request.
Our Marietta family lawyers can help you present a strong case—whether you’re a father seeking to establish your rights or a mother protecting your child. Contact us today to learn more about your legal rights under Georgia’s domestic relations laws.
How Long Will the Legitimation Process Take in Marietta, Georgia?
If you petition the court to legitimate a child, the time it takes for the process to conclude will depend on various factors, including:
- Whether you are listed on the child’s birth certificate
- Whether the mother contests the legitimation
- The court’s schedule
- Whether custody arrangements, such as visitation, are disputed
A legitimation attorney in Marietta, GA can help you navigate this challenging process and reach a resolution efficiently.
Contact Our Marietta Legitimation Attorneys for a Confidential Consultation To Discuss Your Legal Options
If you are thinking of petitioning the court for legitimation or want to contest this process, Better Law is here to assist you. Our Marietta family attorneys will provide trusted legal advice and guidance. We take the time to understand your story and ensure that your rights and your child’s best interests are protected.
Contact our law office today to schedule a consultation with an experienced legitimation attorney in Marietta, GA. We will work to make the process as smooth and stress-free as possible. can to make the process as stress-free as possible.