Legitimation Under Georgia family Law

Law And Order - Legitimation Under Georgia family Law

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Legitimation in Georgia is the legal process a father must take to collect parental possession to a child born out of wedlock. Only the biological father can motion the court for legitimation in Georgia. Prior to legitimation, the mother is vested with all parental rights. It makes no discrepancy if the father's name is on the birth certificate or if the child has the father's last name. In Georgia, an order of legitimation is valuable for the biological father to be recognized by Georgia law as the legal father. The father, however, has no absolute right to having his motion for legitimation granted. The mother can contest the legitimation in Georgia by alleging that the petitioner is not the biological father or that he is unfit. The court will resolve either the grant a motion for legitimation in Georgia based on the best interest of the child involved. An Atlanta family law attorney can guide you through the process of obtaining an order of legitimation in Georgia.

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Once the father legitimates the child, the child and the father can inherit from one an additional one as if the child had been born in wedlock. Going through the process of legitimation in Georgia is the first step to obtaining Georgia child visitation possession or custody in Georgia. It is foremost to note that a father is obligated to pay child sustain in Georgia regardless of either he legitimates his child. This promulgation can be established by a paternity suit in Georgia. Often, however, a Georgia child sustain order is established at the same time as the order of legitimation in Georgia. In fact, the new Georgia child sustain laws require that both parties to a legitimation performance file a child sustain worksheet.

Courts often resolve visitation possession in conjunction with a motion for legitimation in Georgia. Unless the parties agree otherwise, the court will typically order thorough visitation. thorough visitation in Georgia includes every other weekend (usually starting Friday evening and ending Sunday evening), alternating holidays and a few extra weeks while the summer months. An Atlanta family law attorney can suggest you as to distinct options for visitation.

Generally, courts cannot resolve issues of custody in a Georgia legitimation proceeding. The father does have an equal right to custody once he legitimates the child, but he must bring a motion for custody in a separate action. The exceptions to this rule under Georgia law are if the mother consents to consideration of custody, if there is no other legal guardian of the child, or if the mother is deceased.

As with other matters appealing children, legitimation in Georgia can be a difficult process. It is all the time a good idea to have an Atlanta family lawyer on your side.

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