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Under current Georgia Law, there are two ways to legitimate a child born out of wedlock: 1....Filing a Petition to Legitimate The paternity of the child; The best interests of the child; The relationship between the father and the child; The fitness of the Father; and. Whether the mother is consenting to the Legitimation.
A certified process server must supply and file a proof of service with the court in the county in which the action is pending within five business days of the service date.
For children born in Tagum: The Affidavit of Legitimation shall be filed and registered at the Civil Registrar's Office, Tagum City within thirty (30) days from the date of execution. The Office shall make the proper annotation in the child's Birth Certificate and applicable registry book.
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.
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.
If you know nothing more than the individual defendant's post office box, you'll need to get a street address in order to serve the person. To do this, you must give the post office a written statement saying that you need the address solely to serve legal papers in a pending lawsuit.
This is usually approximately 30 days.
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.
Subpoenas may also be served by registered or certified mail, and the return receipt shall constitute prima-facie proof of service. Service upon a party may be made by serving his counsel of record. (Ga.
Make sure service by mail is allowed before you use this method to serve your papers. For service by mail: The server mails the papers to the party being served. If the party being served is a person, the papers can be mailed to his or her home or mailing address.