Representing Fathers And Mothers In Paternity Suits

When a child is born out of wedlock in Georgia, even if the biological father is named on the birth certificate, only the mother has parental rights. If the father wants custody or visitation rights or if the mother is seeking child support, paternity must be established. A simple DNA test can establish biological paternity, but it does not establish legal paternity in Georgia.

Establishing Paternity In Georgia

Unwed parents can establish paternity by signing a Voluntary Paternity Acknowledgement form within one year of the child’s birth. If one of the parents is unwilling to sign the form or the child turns one year old before the paternity form is filed, there are four other ways paternity can be established:

• A man can legally adopt the child.
• If a man is married to the mother when the child was conceived or born, he is the “presumed father” unless a paternity order disproves it.
• A man who marries the mother of a child after the baby is born and recognizes the child as his own gains paternity rights.
• The father can establish paternity through the courts using the legitimation process.

At my firm, the Law Office of Erin Muldoon Haug, I help both fathers and mothers establish paternity.

Counsel And Guidance Through Paternity Actions

My approach to paternity cases is always to use discretion and respect the privacy of everyone involved as much as possible. Whether you are a father seeking parental rights or a mother seeking to establish paternity to collect child support, I can help. I work with clients to complete and submit DNA tests and documents, making sure to explain each step of the process.

Answering Frequently Asked Questions Regarding Paternity and Legitimation

When our clients are dealing with paternity or legitimation matters, they often have a lot of questions. As we guide you through this process, we can address your concerns while working to protect your parental rights and the best interests of your child. Some of the questions we frequently receive from our clients include:

How is legal legitimation established in Georgia?

In Georgia, a father can establish legal legitimation by filing a Petition for Legitimation with the superior court. This formal legal action is separate from simply establishing paternity through a DNA test. The father must show the court that he has developed a relationship with the child and has taken responsibility for them. The court will then evaluate the petition based on the best interests of the child, considering factors like the father’s commitment and ability to provide for the child’s well-being.

Why is establishing legitimation important?

Establishing legitimation is crucial because it grants a father full legal rights and responsibilities for his child. Beyond just proving a biological connection, legitimation allows a father to seek custody and visitation rights. It also legally solidifies the father-child relationship, enabling the child to inherit from the father and receive benefits like social security or life insurance. For the father, it secures his role and authority in making decisions about the child’s upbringing, education, and health care.

Can legitimation be contested after it has been established?

Yes, an order of legitimation can be challenged, though it is not a simple process. Another party, typically the mother, might contest the legitimation by arguing that it is not in the child’s best interest. This can involve raising concerns about the father’s fitness as a parent, his character, or his ability to care for the child. If a challenge is raised, the court will re-examine the situation, and the contesting party would need to provide compelling evidence to persuade the court to modify or set aside the original legitimation order.

Contact The Law Office of Erin Muldoon Haug

For guidance through paternity, contact my Savannah office by calling 912-421-7084 or by using my online contact form.