Administrative Legitimation

In Georgia, fathers that are not married to the mother of their child when the child is born must legitimate the child to have any parental rights, unless the parties subsequently marry.  Often when children are born, the parents still have a cooperative relationship that may later weaken or become hostile over sometime.  Therefore, it is important that parents should give great consideration to administrative legitimation when the child is born.

If the parents do not subsequently marry, administrative legitimation is the only way to legitimate a child without court action.  It must be completed before the child reaches the age of one (1) and is available at the hospital when the child is born. If you and the other parent are sure of the paternal relationship enough to sign an Acknowledgment of Paternity and the father is parentally fit then consider Administrative Legitimation as well. It could save both parties time any money.

Lunn Law LLC and Attorney Tiffany R. Lunn, Esq want you to be aware of your legitimation rights and all possible choices you may have in proceeding with legitimation, child custody and/or visitation.  You should speak to an experienced attorney about the particular of your case.  Parents should make sure they fully know and understand what is being signed about the rights to their children. If there are any questions, you should consult the advice of an experienced paternity and legitimation attorney.

Published in: on November 8, 2012 at 9:16 pm  Comments Off  
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Paternity/De-legitimation Case Update

The Court of Appeals of Georgia (Second Division), in Williamson v. Williamson, A09A1767, considered a case this year involving former spouses that had a child born while married to each other. A child born during a legal marriage is presumed the legal child of father (husband), unless rebutted.  The Court ruled that a presumed father who seeks to set aside a determination of paternity thereby de-legitimizing the child, has a very high hurdle and is required to include several things in his motion.

Case law requires that a trial court consider the best interests of a child in a legal father’s claim for de-legitimation.  So additionally,  in a mother’s claim to de-legitimize the legal father, the trial court must also consider the best interests of the child. Since the law favors legitimation even when the child’s legal father may not be the biological father, a mother who seeks to de-legitimate a child is not automatically entitled to compel the legal father to submit to genetic testing. To compel genetic testing of the legal father, the mother must first present evidence establishing that de-legitimation the child is in the child’s best interests.

Lunn Law LLC and Attorney Tiffany R. Lunn want you to be aware of your paternity and legitimation case. You should speak with an experienced paternity and legitimation attorney about the particulars of your matter. Remember,in cases such as this, the court’s most important priority is the best interest of the child.

Published in: on August 20, 2010 at 4:18 pm  Comments Off  
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