Northeast Georgia Paternity And Legitimation Lawyers
Paternity is the legal identification of a child’s biological father. This can be done by agreement or by court order.
In a paternity action, Georgia courts can award reasonable or necessary expenses associated with the birth and upbringing of the child. In order for the court to award these expenses, the mother must be able to establish through receipts and medical records actual costs associated with the child. The law does not allow a mother to recover a portion of rent or utility bills from the father, but it does allow the mother to recover costs associated with the birth of the child.
The court can require the alleged biological father and child to submit to DNA testing. DNA testing was previously a more invasive process but now can be accomplished simply by swabbing the mouth of the child and alleged biological father.
Once the court has determined paternity, the court can establish a child support obligation. Furthermore, the court can award attorney’s fees associated with the pursuit of the paternity action.
Why Legitimation Matters For Fathers
While a mother (or child support authorities) file a paternity action, if the parents of a child never married, the biological father files a legitimation action to legalize the parent-child relationship. In addition, in some cases, such as where parties marry after a child is born, or when the parents are the same sex, a parent may file a request for the Court to determine the child is legitimate.
The court must determine whether it is in the best interest of the child to legalize the parent-child relationship.
Although the law favors legitimation, there are times when the court could find that the granting of the legitimation is not in the best interest of the child. For example, where a child has been abused, the court may deny legitimation.
Should the court grant the legitimation, then the court can also consider the visitation and custodial rights, even where the parties are living together. Likewise, the court can determine child support. The outcome of these family law matters depends on the answers to the following questions:
- Were the parties married at the time the child was conceived?
- Were the parties married at any time during the pregnancy?
- Were the parties married at any time after the child was born?
- After the child was born, was the child recognized by both parties as their the child?
- Has there been a final paternity order?
- Has the party ever lived with the child?
- Has the party contributed to the child’s support?
- Was the party listed on the child’s birth certificate?
- Has the party been supporting the child or paying child support?
- How long has it been between the child’s birth and the attempt to legitimate?
Contact A Lawyer
Many people confuse paternity and legitimation. Be sure to communicate with an attorney to determine your legal needs and options. Attorneys Susan D. Brown and Bob Coleman at our firm bring a combined 70 years of experience to paternity cases. Contact us online or call 678-601-2495.