Legitimation Under Georgia family Law

Pro Bono Child Custody Lawyers - Legitimation Under Georgia family Law

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Legitimation in Georgia is the legal process a father must take to accumulate parental proprietary to a child born out of wedlock. Only the biological father can petition the court for legitimation in Georgia. Prior to legitimation, the mum is vested with all parental rights. It makes no inequity 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 necessary for the biological father to be recognized by Georgia law as the legal father. The father, however, has no absolute right to having his petition for legitimation granted. The mum can contest the legitimation in Georgia by alleging that the petitioner is not the biological father or that he is unfit. The court will determine whether the grant a petition for legitimation in Georgia based on the best interest of the child involved. An Atlanta house 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 other 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 proprietary or custody in Georgia. It is prominent to note that a father is obligated to pay child reserve in Georgia regardless of whether he legitimates his child. This enforcement can be established by a paternity suit in Georgia. Often, however, a Georgia child reserve order is established at the same time as the order of legitimation in Georgia. In fact, the new Georgia child reserve laws need that both parties to a legitimation activity file a child reserve worksheet.

Courts often determine visitation proprietary in conjunction with a petition for legitimation in Georgia. Unless the parties agree otherwise, the court will typically order standard visitation. standard visitation in Georgia includes every other weekend (usually starting Friday evening and ending Sunday evening), alternating holidays and a few extra weeks during the summer months. An Atlanta house law attorney can recommend you as to distinct options for visitation.

Generally, courts cannot determine 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 petition for custody in a cut off action. The exceptions to this rule under Georgia law are if the mum consents to consideration of custody, if there is no other legal guardian of the child, or if the mum is deceased.

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

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