Alabama Petition By Father of Minor Child For Voluntary Legitimation

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Multi-State
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US-01008BG
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Word; 
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Description

Legitimation is the voluntary act or process of legitimating a child born out of wedlock. It exists solely as a result of the law and policy of each jurisdiction and statutes must be construed and given effect according to the construction of the courts and legislatures of such states. Depending on the jurisdiction, legitimation may be accomplished by petition in a judicial proceeding or by legal recognition (e.g., by affidavit) of the illegitimate by the parent, or by either method.

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FAQ

A father has a legal right to legitimate his child. However, a father's right to a legitimation is subject to objection made by the child's mother. If the mother shows valid reasons why the petition to legitimate should not be granted, a judge may deny it.

If a father wishes to legitimate a child, he is required to file a notice of declaration of legitimation with the Probate Judge, in the county of his or the child's residence. The mother of the child must give consent.

Where there is a presumption of paternity, paternity can be challenged by an interested party (such as the father) until the child is 19 years old. The child can contest paternity until the death of the father.

In general, courts in Alabama look at married and unmarried father's rights differently. The father of a child born out of wedlock must take the following legal actions to establish his rights: prove that he's the biological father and file a request with the court to grant him custody and visitation rights.

? ''Putative father'' means any man not legally presumed or adjudicated to be the biological father of a child but who claims or is alleged to be the father of the child.

How Much Does It Cost to File for Legitimation? The court fee to file a legitimation petition varies from county to county in Georgia, but it's usually over $200. For instance, the fee in DeKalb County is $213 (as of September 2022).

Instructions for Legitimation The father must fill out a Declaration of Legitimation and have his signature witnessed by two people. Use full names. No initials. The mother must fill out a Consent and Waiver form and have her signature witnessed by two people.

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Alabama Petition By Father of Minor Child For Voluntary Legitimation