Legitimation Attorney in Peachtree City and Newnan
Georgia firm handles issues relating to legal parentage
The importance of a father being present in his son or daughter’s life cannot be overstated. However, if biological parents are not married at the time the child is born, legal steps must be taken for the father to secure parental rights. Under Georgia law, this process is referred to as legitimation. At Thomas F. Tierney, Attorney at Law in Peachtree City and Newnan, I am an experienced family lawyer serving Fayette and Coweta counties who provides comprehensive guidance on legitimation and paternity matters.
The difference between paternity and legitimation
While the terms legitimation and paternity are sometimes used interchangeably, they are not synonymous under Georgia law. Paternity is a legal determination that a particular man is the father of the child. The child’s mother or guardian can petition for paternity along with the putative father and the Department of Human Services. An acknowledgment of paternity creates a legal responsibility for the father to pay child support and allows him to add his name to the child’s birth certificate, but does not automatically establish a man’s right to custody or visitation.
Legitimation does confer parental rights on the father of a child born out of wedlock. Unlike paternity actions, only the putative father can request a legitimation order. When both the man and mother agree that he should have full legal fatherhood, they can sign a voluntary acknowledgment to that effect before the child’s first birthday. If the mother does not consent to the legitimation, the man must petition the court for an order to that effect.
Contested legitimation petitions
A woman who believes a man is not her child’s actual father, or who wants to deny him parental rights for other reasons, might contest his legitimation petition. If the mother of your child opposes your legitimation effort, it is crucial to have an effective family lawyer on your side. I will prepare the documents necessary to initiate your legitimation claim and represent you in court so that you can be a meaningful part of your son or daughter’s life.
Process of legitimation
A father files a petition for legitimation in the county where the child’s mother or guardian resides. Often, issues of paternity and legitimation hinge on genetic testing to identify if the petitioner is the biological father of the child. There can also be situations where the mother agrees that the man fathered the youth, but should not be granted legitimation because he has abandoned his opportunity interest by failing to honor his responsibility to the youth. My firm advocates for parties during legitimation hearings to increase the likelihood of a favorable result.
Reasons to establish parental rights through legitimation
Even if you are sure you are the biological father of a child born to a woman you were not married to, you still need to complete the legitimization process in order to secure your parental rights. While you and the child’s mother might get along now, if a dispute arises, she could prevent you from seeing your son or daughter unless legitimation occurs. Without legitimation, you also would not have the opportunity to establish legal custody, which gives you influence over decisions involving important matters, such as your child’s medical care, education and religious upbringing.
Contact a Georgia family law attroney to discuss a legitimation issue
Thomas F. Tierney, Attorney at Law handles legitimation and paternity matters on behalf of Georgia residents. To set up a meeting at my Peachtree City or Newnan office, please call 770-796-4031 or contact me online. Free telephone consultations are available.
