Today, people build families in all kinds of ways. It’s not uncommon to have children outside of marriage. But when they do, it may be important for both parents have a role in supporting their child’s well being, both financially and emotionally. Sometimes one parent may be uncooperative and the legal system may have to intervene, in both legitimation and paternity in Georgia.

Paternity in Georgia

A paternity action is filed by the mother to establish biological paternity of a father to a child. In a paternity action, either party has the right to request a DNA test to establish paternity in Georgia. The mother may also have the right to recover other expenses from the father, such as expenses she incurred during pregnancy. Once paternity is established, the mother will have the right to pursue child support from the father for the benefit of the child. This can be done through the Department of Child Support Services or through a private action filed in the Superior Court of the appropriate county. Once child support is established, it can only be modified through a court order.

A paternity action will offer the father the right to parenting time with a child; however, he will not have legal custody rights. In order to establish his legal parental rights to the child, the father must file an action for legitimation.

Legitimation in Georgia

Unlike mothers who give birth to children born out of wedlock, fathers must take certain steps to establish their legal rights to the child. Specifically, the father must take certain steps to ensure he has not “abandoned” his right to the child and must file an action for legitimation in Georgia. To determine if the father has “abandoned his opportunity interest” in the child, the court will consider factors such as the father’s involvement and financial support to the mother during the pregnancy, the father’s contribution to medical and other expenses for the child, and the father’s attempts to be involved with the child. Through his petition for legitimation, a father may request that he be established as the legal and biological father of the child, that the child have his last name, and that he have parenting rights to the child. The child will be established as the father’s legal child for inheritance purposes. The legitimation petition should be filed as soon as possible to ensure the father’s “opportunity interest” is not further compromised.

Unlike a paternity action, a legitimation action gives the father legal rights to the child. This will include establishment of a child support obligation for the child. In contrast, a action for paternity is filed by the mother of the child to establish child support and in that case, a father may seek parenting time with the child (not custody). The mother of the child may also want to have paternity legally recognized in order to receive child support, health insurance or other support for their child.

Legitimation and Paternity Representation

The Leonard Firm offers more than 10 years of experience in contested and uncontested legitimation and paternity cases in more than 15 counties across metro-Atlanta. Our family law team can answer your questions, walk you through the legitimation and paternity process, and help you achieve the best possible result for your family. Whether it is to ensure proper child support for your child or for you to gain parental rights to your child, The Leonard Firm is here to help you in your paternity or legitimation case.