Gwinnett County Legitimation Attorney Worth Every Cent

The state of Georgia recognizes the relationship between a father and a child through paternity and legitimation. Paternity establishes the biological condition of a father, but it does not establish the legal relationship between a father and child.

A father can voluntarily acknowledge his biological relationship with his child by providing his written consent on the birth certificate. Or, he can administratively acknowledge his biological relationship on the paternity acknowledgment form, which can be completed at the hospital at the time of the birth or later at the Georgia State Office of Vital Records.

Regardless of whether or not there is paternity or legitimation, a biological father has a legal obligation to support his child. If a biological father fails to support his biological child, even if paternity or legitimation hasn’t been legally established, that parent can ultimately be prosecuted for child abandonment (if that child is shown to be his), and certainly puts himself behind the eight ball in ultimately seeking a strong parenting time schedule if he hasn’t supported the child financially. An experienced Gwinnett County family law attorney can assist you in the paternity and legitimation process so that your best interests are protected.

How Common Law Treated Children Born Out Of Wedlock

Under the common law of England, illegitimate children could not be rendered legitimate by any subsequent act of their parents. They were unfortunate members of society branded forever by the lusts of their mothers and fathers. The only possible method of legitimization was by the affirmative act of Parliament, and so it remains to this day in all common law jurisdictions, i.e., legitimization is possible only by legislative grant. In re Pickett, 131 Ga. App. 159, 160, 205 S.E.2d 522, 523 (1974).

If this quote about the process of legitimatization (aka, “legitimation”) from a 1974 Georgia case represents to you an antiquated notion of parenthood that is far removed from the societal norms of modern times – there are two things you should know:

• The entire foundation of all modern laws are (for better or for worse) constantly built and rebuilt from the time-worn laws of earlier societies.
• More importantly, this is the current state of the modern child legitimation law in Georgia.

Understanding The Legitimation Process

In order for a father in Georgia to gain any actual parental rights to his child – such that he can lawfully demand the benefits of fatherhood and access to his child – the child must first be legitimated. In passing (and continuing to amend the child legitimation laws in Georgia), the Georgia legislature “intended to provide a statutory right whereby a child could inherit from the father’s estate and enjoy the father’s name.” Riggins v. Stirgus, 319 Ga. App. 790 (2013).

Legitimation allows the biological father to be recognized as the legal father of a child born out of wedlock. The paternity acknowledgment form has a section at the bottom for the acknowledgment of legitimation. This section is a voluntary declaration made by both the mother and the father, claiming that the relationship between the father and the child is considered legitimate.

Upon signing, both parents are freely agreeing upon the legitimization of their child, and both the mother and father’s signatures are required. The signatures must be notarized, and photo identification is required. The paternity acknowledgment form is then filed with the Georgia State Office of Vital Records.

Voluntary acknowledgment must take place before the child’s first birthday. The mother and the father must agree freely and give their consent. If the mother is married to someone else, there is another legal father or the mother was married to another man during the gestation, then the legitimation section of the paternity acknowledgment form cannot be signed. Furthermore, if the mother signed another form with another man or if her parental rights were terminated, then the form cannot be signed either.

What If Voluntary Legitimation Does Not Happen In Time?

If paternity and legitimation have not been established through a voluntary acknowledgment process, then a petition for paternity and legitimation can be filed any time after the birth of the child by the father. Such a petition can include claims for visitation, parenting time and/or custody of the child. Only the biological father can file a judicial petition for legitimation where he seeks legitimation of his child.

A mother can contest the legitimation petition by claiming that the man is not the biological father of the child or that he is unfit. The courts will make a determination based on what would be in the “best interests” of the child. Once legitimation is made by the court, then the father and child can enjoy the same rights and benefits as a child born in lawful wedlock. However, the father will not be authorized custody and visitation until after the courts make a judicial determination stating otherwise. The child will remain in the custody of the mother unless the courts make an order awarding custody or visitation to the father.

Experienced Representation In Gwinnett County And Lawrenceville

If you are a father who is seeking to legitimize your child, or if you are a mother who is seeking to contest a legitimation petition, then the Gwinnett County legitimation lawyer at Fox Firm, P.C., can help. Doug Fox has been assisting clients like you for more than a quarter of a century in the Gwinnett County area. He has extensive knowledge of the legal system and how it pertains to paternity and legitimation, and he has the qualifications you need to assist you through the legal process. The lawyer at Fox Firm, P.C., can represent clients throughout Lawrenceville and Gwinnett County, and he offers an initial consultation where he can give you sound advice on how best to proceed forward.

Frequently Asked Questions About Legitimation In Georgia

When it comes to legitimation, many parents, especially fathers, are not sure what steps to take or what rights they have. Attorney Doug Fox has worked with Gwinnett County and greater Atlanta fathers who had questions. Below, he addresses key concerns to help you.

Does signing a birth certificate legitimize a child in Georgia?

No, it does not. While having your name on the birth certificate shows a claim of paternity, it does not give you legal rights to custody or visitation. In Georgia, an unmarried father must file a petition for legitimation in court. Without it, the mother has full legal custody even if both parents live together or you have been involved in the child’s life. Legitimation is the only legal way for a biological father to be recognized as the legal father under Georgia law.

How long does a father have to legitimize a child in Georgia?

There is no specific time limit, but the court does consider how long a father has waited and whether a bond has been formed with the child. If too much time passes without taking legal action, it may harm your case. The longer you wait, the more the court may question why a meaningful relationship has not been established. If you are serious about being in your child’s life, the sooner you file, the better.

Can a mother deny legitimation of a child in Georgia?

The mother can oppose the petition, but she cannot block it on her own. Should she object, the court will schedule a hearing to consider all relevant circumstances and determine what is in the child’s best interest. The court may consider:

• Your involvement
• Your parenting ability
• The current family situation
• Whether you have provided emotional or financial support.

That said, legitimation is not automatic, especially if the mother objects, but it is also not out of reach.

How long does it take to legitimize a child in Georgia?

It depends on how contested the case is. If both parents agree, the process can take as little as 30 to 60 days. If the petition is contested, such as disputes over custody, visitation or support, it can take several months. In Gwinnett County, courts try to move these matters efficiently, but every case depends on its facts, the parties involved and the court’s calendar.

Learn More About Legitimation Today

Should you find the need for experienced and committed representation in a legitimation case in Gwinnett County or elsewhere in Georgia, please do not hesitate to contact Fox Firm, P.C., in Lawrenceville at 770-341-4882 or using the online form.