Legitimation/Paternity

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. D.N.A. 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.

What issues are involved in these types of cases?

In contested actions, there are usually issues concerning the amount of child support to be paid, the incomes of the parties, and restrictions that should be placed on visitation periods. In order to narrow these issues, the lawyer will utilize the “discovery process” permitted under the Georgia Civil Practice Act. Contrary to what may be portrayed on television, a trained domestic attorney does not normally ask a question in court to which he does not already know the answer. The gathering of such pertinent information is accomplished through this process called “discovery.” This can involve such things as written interrogatories or questions to the other party (which must be answered by that party under oath), the production of financial records from the other party, or from the other party’s employer, bank, accountant, etc. (e.g., tax returns, business or corporate records, expense accounts), the taking of depositions before a court reporter, as well as other available methods of fact investigation.

If custody or visitation is at issue, your attorney may deem it appropriate or beneficial to request that the Court appoint a Guardian ad Litem to perform an independent investigation and represent the interests of any minor children. If severe stress or emotional problems are alleged, your attorney may request that either or both of the parties, along with the minor children if appropriate, undergo a court-ordered psychological evaluation. Each case is unique and must be handled depending upon the individual needs of the client.

Getting help...

This summary is not intended to be exhaustive or complete. It is only intended to acquaint a prospective client with actions for legitimation and paternity in Georgia and the manner in which this office will handle your particular matter. We will be more than happy to answer any specific questions regarding the facts and circumstances of your particular case. 

Please contact us to schedule an appointment.  

It is our policy to provide you with sufficient information so that you can make informed decisions regarding your case, and to then follow that with the best possible legal representation. 

Your understanding of the matters contained in this summary will help assure that commitment.