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What Does Legitimation Mean?

Jan 10, 2018

In today’s day and age, maintaining an amicable relationship with the mother or father of your child is not always an easy task.

We at The Fairell Firm know that there are many different things which factor into the fracturing of a relationship, which in turn can have adverse effects on your child and children. When this happens, particularly in cases where you and your partner are unmarried, it’s important to know that all of your rights as a father are ensured and defended to the fullest degree.

At The Fairell Firm, we specialize in all aspects of Atlanta family law, from divorce help to child support, child custody, and even legitimation.

If you are in a current dispute with the mother of your child, you may or may not know that you have certain rights. This is what the process of legitimation is all about.

Keep reading to learn more about paternal legitimation in the state of Georgia and contact our family law firm today to book your initial consultation.

Legitimation Basics

Simply put, legitimation is the act of providing legitimacy to your parental status. This is a way of confirming, and starting on a record (such as a birth certificate), that you are indeed the parent of a child born out of wedlock — or outside of marriage.

Once you are legitimized as the parent, your child too becomes legitimized, and you are both now open to several rights and benefits that come along with that status.

Paternity vs. Legitimation

Under Georgia law, there are two levels of recognition with regard to the relationship between a father and their child. Those two levels include paternity and legitimation.

While these two concepts may sound the same, they are actually quite different. Let’s take a brief look at what these two terms mean, according to the Georgia court doctrines themselves.

  • Paternity: This is referred to the act which establishes the biological father of a child. This plays into the obligation of child support payment, among other things.
  • Legitimation: Legitimation, on the other hand, is the process which establishes the legal, parental rights with and for the child. Legitimation gives the father the grounds to request custody, visitation, and other rights. Paternity must first be established in order to fight for legitimation.

The Paternity Process

If you have not already established paternity, this is the first and most important step to take toward legitimation. Multiple parties have the ability to petition for paternity in the case of an unmarried couple, including:

  • The child
  • The mother of the child
  • A relative responsible for taking care of the child
  • Human Services
  • The alleged father

Establishing paternity leads to a number of benefits. First of all, the biological father’s name gets added to the child’s birth certificate. However, paternity also allows financial support to be received from the father, and the child may ultimately be eligible for Social Security benefits from their father.

However, paternity can also help further the efforts of legitimation.

Who Files For Legitimation?

Unlike a petition for paternity, a legitimation petition can only be filed by the biological father. A request or petition for legitimation can also include claims for visitation, parental time, and even custody.

The mother may choose to contest the legitimation by either alleging that the petitioner is not in fact the biological father, or by stating that that father has lost an opportunity interest to develop a relationship with the child.

In the event of a contested legitimation petition, the issue may find its way to the courts. That’s where The Fairell Firm comes in.

Legitimation Help

The Fairell Firm provides trusted family law services in Atlanta, including helping fathers with their legitimation disputes.

We ensure your rights as a father are established and fervently defended.

In Georgia, just because your name is on the birth certificate does not necessarily mean  parental rights are automatically granted. Therefore, you can fight for these rights through the legitimation process.

Solidifying your role in your child’s life can be beneficial for a number of reasons, chief among them is the ability to establish a solid relationship and foundation of love.

Contact The Fairell Firm today for legitimation help or other family law advice in Georgia.

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