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770-609-1247 | Georgia Legitimation Attorneys

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Coleman Legal Group, LLC

Call 770-609-1247 now to speak with one of our experienced Legitimation Attorneys.

 

In Georgia, legitimation is a legal action filed in Superior Court that is the only way, other than by marrying the mother of a child, that the father of a child born in the State of Georgia may establish legal rights to his child. 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 denied by the mother. Most court will require a “court admissible” DNA test to be provided to prove that the purported father of the child is without a doubt the real father.  See O.C.G.A. § 19-7-22.

In a successful legitimation case, a father can expect regular visitation with his child and to also pay child support. There are very few defenses to a Petition for Legitimation.  Defenses to a petition would include, but not be limited to:

  • the purported father is not the actual father
  • the child was born while the mother was in a marital relationship with another person
  • the child was born while the parties (the actual father and mother) were married, and therefore inappropriate

As seen here, the parties may argue about custody, visitation and child support, but  the actual Petition for Legitimation will usually be granted so long as a DNA test proves the purported father is the actual father of the child.

A Georgia 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 as 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 should be addressed as a part of the legitimation action. It is important to note, if a child has been legitimated and the child’s mother dies, the father will not automatically be granted custody of the child.

A court action for legitimation must be filed in 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.

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Coleman Legal Group, LLC handles cases in the following cities and communities: Atlanta, Alpharetta, Roswell, Johns Creek, Milton, Cumming, Marietta, Sandy Springs, Woodstock, Kennesaw, Gainesville, Norcross, Lawrenceville, Midtown, Inman Park, Duluth, Buckhead, Dunwoody, Vinings and Smyrna.

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, Estates, Wills, Trusts, Probate, Bankruptcy, Business Law and Immigration. We have offices conveniently located at:

Alpharetta Georgia
North Point Park
5755 North Point Parkway
Suite 52
Alpharetta, GA 30022
Phone: 770-408-0477 | Map

Atlanta Georgia
Colony Square
1201 Peachtree Street, 400
Colony Square, Suite 200
Atlanta, GA 30361
Phone: 770-408-0477 | Map

Dunwoody
Sandy Springs

1200 Abernathy Road
Building 600
Northpark Town Center
Atlanta, GA 30328
Phone: 770-408-0477 | Map

Cumming Georgia
The Avenue Forsyth

410 Peachtree Parkway
Building 400, Suite 4245
Cumming, GA 30041
Phone: 770-408-0477 | Map

Johns Creek
Duluth Georgia

11555 Medlock Bridge Rd
Suite 100
Johns Creek, GA 30097
Phone: 770-609-1247 | Map

Duluth Georgia
Sugarloaf

2180 Satellite Boulevard
Suite 400
Duluth, GA 30097
Phone: 770-609-1247 | Map

Kennesaw Georgia
TownPark Center
125 TownPark Drive
Suite 300
Kennesaw, GA 30144
Phone: 770-609-1247 | Map

Lawrenceville
Huntcrest
1755 North Brown Road
Suite 200
Lawrenceville, GA 30043
Phone: 770-609-1247 | Map

Copyright © 2017 | 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.

 

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