Legitimation
With Family Law Offices in Statesboro, Swainsboro and Springfield
If you are a father in Georgia looking to obtain legal rights, you have to legitimize your child. If you were not married to your child’s mother when the child was born, without legitimation you have no rights to the child in Georgia.
The Importance of Legitimation in Georgia
Some of our clients are surprised to find out that, even though their name is on their child’s birth certificate, they still don’t have the visitation or custody rights they desire. That’s because a DNA test is not enough to establish legitimation in Georgia. Even though a paternity test is proof enough for the court to compel child support from you, it does not prove legitimacy.
What is Legitimation?
Legitimation is the process of establishing a legal relationship with your child. If you are married and have a child with your wife, you are automatically recognized as father of the child. However, if you are unmarried and have a child out of wedlock, you will need to legitimize your relationship to earn those same rights.
There are two ways to establish legitimation in Georgia: either by marrying the mother of your child or filing a Petition for Legitimation with the court.
If the mother of your child consents to the Petition for Legitimation, the process should move along smoothly. However, if the matter is contested, the legitimation will take more time. The mother can contest the legitimation by alleging that you are not the biological father, or that you have lost your “opportunity interest.” If either of these issues arise, having a family lawyer on your side will help.
Additionally, particularly if the mother does not consent, the court may consider other factors, including:
- What is in the best interest of the child
- Your relationship with the child
- Your fitness as a father
Benefits of Legitimation
The legal establishment of your relationship with your child opens several doors. Once legitimized, you will be able to leave your child assets to inherit, request parenting time and custody rights, and add your name to the birth certificate (if it isn’t there already).
If you are wanting to pursue legitimation in southeast Georgia, schedule a consultation with the experienced family lawyers here at Hall & Navarro. We have successfully legitimated many of our clients. Contact us today to get started.
Schedule your confidential consultation with the experienced lawyers of Hall & Navarro today!
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