Fulton County Legitimation Attorneys
Paternity matters arise when a child is born to an unmarried woman who must prove that a particular man is the father of the child, in order to receive child support. If the man is proven to be the father and ordered to pay child support, he may seek visitation rights and a measure of legal and physical custody. If a man is not paying child support, but is seeking father's rights, he must first prove legitimacy through a paternity test.
Whatever issues are involved in your contested legitimation or paternity case, talk to an experienced lawyer at Kupferman & Golden, Attorneys at Law, in Atlanta.
What Is a Legitimation Action?
It has become fairly prevalent today for couples to have children without being married. Although the couple may be living happily together, the children are still labeled with the moniker "illegitimate." Under Georgia law, if the father is not married to the mother, then the mother is entitled to custody and she exercises all parental power over the children. In order to be recognized as a legal parent, the father must file a legitimation proceeding. In this proceeding, he requests to be recognized as the legal father of the children, have the children capable of inheriting from him, and have the children's surname changed to his own. Under new statutory law, a putative father can now raise issues of visitation and custody in a legitimation proceeding. Previously, these issues had to be raised in a separate action after the children were legitimated. In legitimation cases, child support will also be established.
In some cases, the mother, for some reason, may deny that the petitioner is, in fact, the biological father of the children. DNA tests can be ordered to be undertaken by the parties and the children, to determine the possibility of parentage by the father. The mother may also contest a father's legitimation action on the grounds that it is not in the child's best interests. Each case must be examined on its individual merits.
What Is a Paternity Action?
Just as a legitimation action is filed by a father who claims to be the biological parent of a child, a paternity action is filed by a mother of the child. The sole purpose of a paternity action is to establish a child support order for the benefit of the minor child. Unless the biological father files a counterclaim to legitimate the child, no other rights will be granted to the biological father.
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From offices in Atlanta, Kupferman & Golden, Attorneys at Law, advises and represents clients in communities throughout Fulton County, Gwinnett County, Cobb County, DeKalb County and Forsyth County, Georgia. Contact their offices to arrange a free consultation with one of the firm's experienced attorneys today.
