Get Answer To Petition For Legitimation

Contest of Legitimation: The mother may contest the legitimation petition by alleging that the petitioner is not the biological father or that he has lost his "opportunity interest." Davis v. Labrec, 274 Ga.

The amount of time it takes to get a ruling on your legitimation petition will depend on the circumstances, including the county where you've filed the petition and whether you have a settlement agreement. In Fulton County, the court will usually schedule a hearing within about 30 days after you file your petition.

If a parent believes that another parent has violated the child custody/time-sharing agreement, they can typically take one of two actions: File a Motion of Enforcement. This is a motion filed with family court that asks the other parent to comply with the existing custody agreement. ... File a Motion for Contempt of Court.

The Impact of Legitimation Once a child is declared the legitimate child of the Father by the court, then the Father can ask the court for legal and physical custodial rights. Additionally, the minor child is then able to inherit from the Father.

There are two options available to you for responding to a Petition for Legitimation: (1) you can hire a lawyer who will prepare your paperwork and represent you in court, or (2) you can use the forms included in this packet and represent yourself in court.

Can a mother refuse legitimation in Georgia? A mother may deny or contest the father's petition for legitimation in Georgia. If so, the court will decide the issue of legitimation after a hearing. In response to a father's petition for legitimation, the mother may bring up abandonment of opportunity interest.

The process typically happens via documents rather than court appearances, and the court usually needs at least a year to make a decision. If more than 30 days have passed since an order was issued, parents have two options: a motion to set aside a judgment, or a motion for relief of judgment.

The answer is used to admit or deny the allegations contained in the petition, and the counterpetition is used to ask for whatever you want the court to do for you. The other party has 20 days to answer your counterpetition after being served with your counterpetition.

If you're an unmarried father in Georgia, you need to “legitimize” your child if you want visitation or custody rights, or if you want your child to have inheritance rights. Learn how the legitimation process works.