Atlanta Legitimation
In Georgia, being a child’s biological father does not automatically confer legal rights. If you are not married to or have not been married to the child’s mother, you will not have any legal rights to your child—despite being listed on the birth certificate.
This means that the father does not have claim to:
- Parenting Decisions
- Visitation
- Full or shared custody
- Input on child-rearing decisions such as education, religion, or healthcare
- Accessing important information like medical records and school grades
Establishing legal rights through legitimation can address these issues and secure your role as a father in the eyes of the law.
What Is Legitimation?
Legitimation is a legal process that allows an unmarried father in Georgia to establish his parental rights and responsibilities. Through legitimation, fathers can gain legal recognition, which includes the right to seek custody or visitation, make significant decisions regarding their child’s upbringing, and access essential information about the child’s health and education. Successfully establishing legitimation provides fathers with standardized visitation rights, the ability to participate in the child’s life fully, and the legal standing to influence important decisions and activities.
Establishing Legitimation in Georgia Includes Many Parental Rights:
- Standardized visitation and custody.
- Access to parenting portals such as the pediatrician’s office or school grades.
- Ability to contact the child’s teacher, doctor, coach, and others.
- The ability to enroll your child in educational and extracurricular activities.
- Establishes the right of inheritance from the father to the child.
How is Legitimation Determined in Atlanta?
In Georgia, legitimation is determined through a legal process that establishes a father’s rights to his child when he is not married to the child’s mother. Legitimation is done with the help of a Georgia family practice attorney and will include a filing fee, fee of service (to serve the mother who must be formally notified), and the lawyer’s fee. Here’s how it generally works:
- Filing a Petition: The father must file a petition for legitimation with the appropriate Georgia court. This petition formally requests that the court recognize him as the legal father and grant him rights such as custody or visitation.
- Serving the Mother: The mother of the child must be formally served with the petition. This ensures she is notified of the legal action and has the opportunity to respond or contest the petition.
- Court Review: The court reviews the petition to determine if legitimation is in the best interest of the child. This involves evaluating factors such as the father’s relationship with the child, his involvement in the child’s life, and any potential impact on the child’s well-being.
- Hearing and Decision: A hearing may be conducted where both parties can present evidence and arguments. The judge will make a determination based on the evidence presented and the best interests of the child. If the court finds that legitimation serves the child’s best interests, it will grant the petition, thereby establishing the father’s legal rights.
- Legal Rights and Responsibilities: Once legitimation is granted, the father gains rights to custody, visitation, and decision-making regarding the child’s education, healthcare, and other aspects of their upbringing. Additionally, the father may gain access to the child’s records and can participate in important decisions about the child’s life.
If the petition for legitimation is denied, the father will not gain these legal rights and responsibilities, and the mother retains sole custody and decision-making authority.
What Happens If You Don’t Pursue Legitimation?
If you do not pursue legitimation, you may still be liable for child support. The mother can seek child support through the court without a legitimation order. In this scenario, a paternity test may be required to establish your biological connection to the child. Without legitimation, you will not have rights to visitation or custody and will be excluded from making decisions about your child’s welfare or accessing important information about their life. Essentially, failing to pursue legitimation means relinquishing any claim to actively participate in your child’s upbringing while still facing financial obligations.
If you are a father who needs help navigating the complexities of the legitimation process, contact an experienced Atlanta family law attorney to start securing your parental rights. Your attorney can file the necessary paperwork and provide the legal support you need.