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Legitimizing a child born out of wedlock in Georgia requires the marriage of the child's biological parents, or by filing a petiton to legitimize the father's right to the child in superior court within the mother's residential area.
The Petition for Legitimation must be filed in the mother's county of residence, the child's county of residence, in the county where any other person who has legal custody or guardianship resides. If there is an adoption pending, then the Petition can be filed in the county where the adoption was filed.
In Georgia, paternity for a child may be established in a number of ways, including by two unwed parents signing the Voluntary Paternity Acknowledgment Form within one year of the child's birth. In addition, a father's paternity can also be made involuntarily by a court order in a paternity action.
Legitimization is rarely denied and importantly it can set support. A judge can limit visits should that be prudent. Without a lawyer, the mother's concerns may be ignored.
In order for legitimation to take place, it is essential that: (1) the child was conceived and born outside a valid marriage; (2) at the time said child was conceived, his/her parents were not disqualified by any legal impediment to marry each other, or if they were so disqualified, it is only because either or both of
At the legitimation hearing the judge will grant or not grand the father legitimation. The judge may order the father to pay child support to the child's mother. The judge can also deal with other legitimation-related matters including making custody and visitation decisions as well as changing the child's name.
The Petition for Legitimation must be filed with the court in the child's county of residence. The basic filing fee is $80. If the mother does not acknowledge the petition, she must be served papers by the sheriff, at $25 per address until service is successful.
Legitimizing a child born out of wedlock in Georgia requires the marriage of the child's biological parents, or by filing a petiton to legitimize the father's right to the child in superior court within the mother's residential area.