Legitimation Lawyers: Alpharetta, Roswell, Johns Creek, Milton, Cumming, Metro Atlanta Area
The only way, other than by marrying the mother of a child, that a father of a child born in the state of Georgia may establish legal rights to his child is by filing a legitimation legal action in Superior Court. Only the father of a child may file a petition seeking to legitimate his child. Frequently, unmarried fathers seek to be legitimized when their attempts to spend time with their child is thwarted by the mother. In a successful legitimation case, a father can expect regular visitation with his child – but can also be expected to pay child support. However, it is not uncommon for a father to file for the legitimation of his child and the mother found to be unfit (drug abuse, mental illness, homelessness, etc.). In these cases, the father can expect to be made the primary physical and legal custodian of the child(ren) and will not be usually be required to pay any child support.
Most legitimation cases are successful, in that the father will be legitimized, be granted significant and regular visitation and be granted legal rights to his child(ren). A Georgia Superior Court’s order of legitimation creates a father and child relationship legally between the petitioner and his child. An order of legitimation establishes that the child may inherit from his/her legal father or the father can inherit from their child. An order of legitimation allows the legal father to be listed on the child’s birth certificate as the father. Many fathers incorrectly believe that merely being listed on the birth certificate at the father legitimates the child. The father must still file a petition with the Court to legitimate the child. A Court’s order for legitimation is the only way that the father of a child born out of wedlock can be recognized as the legal father of a child and therefore can petition for custody and/or visitation with this child.
Custody and child support will almost always addressed as a part of the legitimation action. It should be noted, if a child has been legitimated and the child’s mother dies, the father will not automatically be granted custody of the child. So sometimes, a legitimation action needs to be filed in an otherwise healthy parenting relationship if the mother should pass away. In Georgia, a legal action for legitimation must be filed in the Superior Court of the county where the child resides. However, if there is an adoption pending regarding the child, the petition for legitimation should be filed in the county where the adoption was filed.
Our Georgia attorneys handle cases in the following cities and communities: Atlanta, Alpharetta, Roswell, Duluth, Johns Creek, Milton, Cumming, Marietta, Woodstock, Kennesaw, Gainesville, Midtown Atlanta, Norcross, Lawrenceville, Kennesaw, Duluth, Buckhead, Dunwoody, Vinings, Smyrna, Buford, Inman Park, Old Fourth Ward, Decatur, Grant Park, East Atlanta and the Virginia Highlands.
Our Georgia attorneys frequently handle cases for clients residing in the following counties: Fulton, Gwinnett, Forsyth, Cobb, DeKalb, Henry, Cherokee, Douglas, Carroll, Coweta, Paulding, Bartow, Hall, Barrow, Walton, Newton, Rockdale, Henry, Spalding, Fayette and Clayton.
Coleman Legal Group, LLC’s Georgia lawyers practice in the areas of Divorce, Family Law, Immigration, Bankruptcy and Business Law. We have two convenient offices located at:
Alpharetta Georgia Office
5755 North Point Parkway
Alpharetta, GA 30022
Atlanta Georgia Office
659 Auburn Avenue Northeast
Atlanta, GA 30312
Copyright © 2014 | Coleman Legal Group, LLC | All Rights Reserved. Coleman Legal Group, LLC • 5755 North Point Parkway, Suite 52 • Alpharetta, GA 30022 • 770-609-1247 DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.