Barrow County Paternity Attorneys

How To Establish Paternity and Legitimation in Georgia

If your child is born out of wedlock, you will need to take steps to establish paternity. How this can be accomplished will depend on your unique situation. 

If you and the biological married are both unmarried at the time of the child’s birth, you can voluntarily clarify paternity by signing a Paternity Acknowledgment Form. This must be done within one year of the infant’s birth, and both parents must agree to sign. You may not be able to use this form if the mother was recently married or if another father is listed on the child’s birth certificate. 

When this option is not available, paternity will need to be established through a formal court order. You can choose to seek this clarification yourself, or the biological mother might “involuntarily” establish paternity without your direct participation. If the biological mother contests your claim of paternity, you and the child may need to submit to genetic testing. 

Once paternity has been established, you may wish to file a legitimation action. This can be more challenging, as the child’s mother may claim that your legitimation is not in the best interests of your child. In these situations, you will have to convince the court that taking a more active role in your child’s life will ultimately benefit the child.

There may be complications to seeking legitimation if another person in the child’s life is classified as their “legal” father. Someone may be considered a legal father if they adopted the child, legitimated the child, was married to the biological mother at the time of the child’s birth, or married the biological mother shortly after the child’s birth and raised it as their own. We can help you explore your options when faced with these potential difficulties.

There is no deadline for establishing paternity or legitimation in Georgia. Our Barrow County paternity attorneys will identify how your parentage can be formally clarified and guide you through the applicable legal processes, including seeking a legitimation action in the appropriate county.

Why Establishing Paternity and Seeking Legitimation Is Important in Georgia

When a married couple has a child, the biological mother and father gain equal parental rights. This means they both have rights to physical custody (where the child lives) and legal custody (decision-making authority on how the child is raised). They also both have inheritance rights if the child passes away without a last will and testament. 

As the father of a child born out of wedlock, you will not have any of these rights by default. To gain access to custody, visitation, and inheritance rights, you must first establish paternity and then establish legitimation. Without legitimation, a father cannot enforce his rights, even if they have been formally recognized as the child’s biological parent.

We understand the importance of reuniting and spending time with your children, and our team at the Mitchell & Crunk Law Firm is committed to helping fathers exercise their rights. No matter your situation, our Barrow County paternity lawyers can help you review your legal options and provide the guidance you need to achieve your parenting goals. 

Related Blogs

• Your Rights as a Father
• Paternity and Legitimation: You are the Father! (Maybe?)

Call (678) 701-6252 or contact us online to discuss how we can help you establish paternity or legitimation in Georgia. Payment plans and same-day appointments are available.