Handling the Complexities of Legitimation
It is not uncommon for parties who have children together to choose not to get married, for one reason or another. Under such circumstances, the parties may outline their parental rights and obligations through a civil action called either a legitimation or paternity action.
What Is a Legitimation Action?
A legitimation action is an action that the father of a child who is born out of wedlock may file in order to obtain a legal determination that the child belongs to the father. Such a determination by a court allows the father to have parental and custodial rights with regard to the child. Even where a father does not legitimate his child, he is still obligated to support the child.
A mother may file a paternity action against the father seeking child support from him. Where the parties do not agree to paternity, the court could require a determination that the father is in fact the biological parent of the child through a DNA test.
Paternity is often determined for the following purposes:
Fathers Rights Issues
Father’s rights issues can be complicated public cases. In Georgia, if a child is born outside of marriage, the mother will have legal custody of the child.
However, this does not mean that the father will also have legal custody. The courts in Georgia look at several factors when determining a father’s rights.
Primary custody is determined by what is in the best interest for the child in Georgia courts. The courts will look at several factors such as the parents’ involvement with the child’s development, who takes the child to school, who cares for the child when they are sick and many other factors that provide sufficient evidence of which spouse should have primary custody of the child. If you are a father and are concerned about the custody of your children, please reach out to our attorneys and schedule a consultation with us. Custody cases can sometimes be very intense, however, our attorneys are ready to stand by your side and make sure that the courts rule what is in the best interest of your child.
Aggressively Protecting Your Rights
Paternity and legitimation actions can quickly become confusing and stressful, especially if you and the other parent of your child are not in agreement. We are here to support you and ensure your rights are not violated and your children are protected. If you have any questions about paternity or legitimation actions, please feel free to call us at (678) 319-9500 to set up a case consultation with an Alpharetta paternity lawyer.