Secure and protect your parental rights

Why Do I Need a Legitimation and Paternity Attorney?

When a child is born outside of marriage, establishing paternity and legitimation becomes crucial. Without legal recognition of legitimacy, a father has no rights to custody or visitation and may struggle to be involved in his child’s life. Similarly, a mother may have difficulty securing child support or ensuring the father takes responsibility for the child’s welfare without established paternity.

A paternity and legitimation attorney is necessary to guide you through these complicated legal processes. Whether you are seeking to establish paternity to pursue child support, or you are a father wanting to legitimate your parental rights, an Atlanta, Georgia, paternity attorney can help you understand the law and protect your interests.

An attorney can help you:

• Establish paternity and pursue child support
• Guide you through the legitimation process to gain legal and physical rights as a father
• Navigate the complexities of Georgia’s family law system

Establishing Paternity

Paternity must be established before a mother can seek an award of child support from can assert his rights in matters such as custody or visitation. There are several ways to establish paternity in Georgia:

Paternity Acknowledgment

The parties may acknowledge that a father is the biological parent of a child if the parties mutually agree and the facts and circumstances surrounding the conception of the child lead to that determination with clear certainty.

Paternity Testing

If there is uncertainty about biological paternity, a paternity test may be performed. This test can be voluntary or ordered by the court. A positive result will establish paternity and may be required before moving forward with legitimation.

Once paternity is established, a mother can pursue child support from the father. However, for the father to seek custody or visitation rights, he must pursue legitimation.

Legitimation Process

Legitimation allows a father to gain legal rights over his child, including custody and visitation. In Georgia, legitimation requires the father to petition the court for recognition of his rights. Here is how the legitimation process works:

Marriage

If the father marries the mother after the child’s birth, then the child may be legitimated through the marriage.

Adoption

A father may adopt his child, thereby establishing legal parental rights.

Filing a Legitimation Action

A father can file a petition for legitimation. The court will require evidence of paternity and may order a hearing. The judge will evaluate the best interests of the child before making a determination.

Once legitimation is granted, the father gains full legal rights as a parent, including custody, visitation, and the right to make decisions regarding the child’s upbringing.

Protect Your Parental Rights with
Rubin Family Law

Establishing paternity and legitimation can be complicated and emotionally challenging. Whether you are a mother seeking support or a father wanting to assert your parental rights, the experienced Atlanta-based attorneys at Rubin Family Law are here to guide you through the legal process with compassion and skill.

We understand the stakes involved in these cases and are committed to helping you protect your relationship with your child. Let us help you navigate the complexities of paternity and legitimation law to secure the future you desire for your family.