Establishing and Protecting Parental Rights
In Georgia, when a child is born to unmarried parents, the biological father has no automatic legal rights to the child. Legitimation is the legal process that establishes the father-child relationship, granting the father parental rights including custody, visitation, and decision-making authority.
At Stewart Family Law, we guide unmarried fathers through the legitimation process and help mothers understand their rights when facing legitimation actions. We also handle paternity disputes and work to establish clear parental rights for all parties involved.
Purpose: Establishes full parental rights for the biological father
Purpose: Establishes biological father-child relationship
Legitimation requires filing a petition in the superior court of the county where the child resides. The process involves several steps and legal requirements that must be carefully followed.
Submit a legitimation petition to the superior court, including necessary documentation and filing fees. The petition must name the mother and child as parties.
Properly serve the mother with the legitimation petition and summons according to Georgia civil procedure rules.
Prove biological paternity through DNA testing, acknowledgment, or other acceptable evidence if not already established.
Demonstrate that legitimation and any requested custody arrangement serves the child's best interests.
Attend court hearing where the judge will review evidence and determine whether to grant legitimation and any custody/visitation requests.
Receive court order granting legitimation and establishing any custody, visitation, and child support arrangements.
When the mother agrees to legitimation and both parents can reach agreement on custody and support issues.
When the mother opposes legitimation or parents cannot agree on custody, visitation, or support arrangements.
When biological paternity needs to be legally established for support or inheritance purposes without full legitimation.
When there are questions about the biological father's identity or challenges to existing paternity determinations.
The sooner you file for legitimation, the better. Delays can hurt your case and may result in lost time with your child.
Legitimation often involves child support obligations, so be prepared for the financial responsibilities of parenthood.
Legitimation law is complex and specific to Georgia. Professional legal representation is strongly recommended.
Courts prioritize the child's welfare above all else. Your case must demonstrate how legitimation benefits the child.