Georgia Petition By Father of Minor Child For Voluntary Legitimation

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Multi-State
Control #:
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

Definition of a PA. Under Georgia law, an acknowledgment or determination of paternity establishes the biological condition of being a father. However, it does not establish a legal relationship between the father and child that offers custody or visitation rights.

If the mother shows valid reasons why the petition to legitimate should not be granted, a judge may deny it.

There are two options available to you for filing a legitimation case: (1) you can hire an attorney who will prepare your paperwork and represent you in court, or (2) you can use self-help forms such as the forms included in this packet and represent yourself in court.

Acknowledgment of Legitimation Section This section of the document is a voluntary declaration that the mother and biological father consent and agree that the relation- ship between the child and father shall be considered legitimate for all purposes under the law ing to O.C.G.A. §19-7-21.1.

A voluntary acknowledgement must take place before the child's first birthday, and is not valid if the mother is currently married, or was married to anyone else during her pregnancy. A biological father may also file a Petition for Legitimation in juvenile court at any time after the birth of a child.

The father can file a Petition for Legitimation in Superior Court in the county where the biological mother lives. The mother must be formally notified, and she has the right to attend the court hearing. There is a basic filing fee and fee of service to serve others with documentation.

Definition: Legitimation is a legal process through which an unmarried father gains legal rights and responsibilities for a child born out of wedlock. It not only acknowledges paternity but also legitimizes the child, granting the child the same legal status as if born to married parents.

By itself, an acknowledgement of paternity does not entitle the father to visitation, custody or rights of inheritance from or to the child. Those rights must be established by the filing of the petition for legitimation with the court.

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Georgia Petition By Father of Minor Child For Voluntary Legitimation