Attorney Malone W. Allen

Atlanta Paternity and Legitimation Attorney

Navigating Paternity and Legitimation Issues in Georgia

In the realm of family law, issues surrounding paternity and legitimation are of critical importance, as they establish legal fatherhood and the associated rights and responsibilities. At Resurgens Legal Counsel, we specialize in providing expert legal assistance in matters of paternity and legitimation in Georgia. Understanding paternity is crucial for matters like child support, custody, and visitation rights, while legitimation, a process unique to Georgia, is necessary for a father to gain legal rights to a child born out of wedlock. Our approach is meticulous and compassionate, ensuring that the interests and rights of both the child and the parents are upheld in these sensitive proceedings.

Assisting with Paternity Determination and Legitimation Processes

Establishing paternity is the first step in the legal recognition of a father's rights and responsibilities towards his child. Our team at Resurgens Legal Counsel is skilled in navigating the legal procedures for paternity determination, whether it's through voluntary acknowledgment or court-ordered genetic testing. Following paternity establishment, we guide fathers through the legitimation process, which is essential for securing legal rights to their child, including custody and visitation. We understand the emotional and legal complexities involved and provide clear, supportive guidance throughout these processes, ensuring that your parental rights are recognized and protected under Georgia law.

Unfortunately, sometimes legitimation comes too late. Under Georgia law, it is possible for a biological father to wait too long to file for legitimation. In considering whether to grant a legitimation claim, Georgia courts must first determine whether the father has "abandoned his opportunity interest,” which can mean having waited too long to become a part of the child’s life. In these cases, Resurgens Legal Counsel is adept at representing mothers in opposition to legitimation claims—a process that can be fraught with emotionally hardships and difficult legal analyses.

Tailored Legal Strategies for Your Family's Needs

Every family's situation is unique, and so are the solutions to paternity and legitimation issues. At Resurgens Legal Counsel, we tailor our legal strategies to suit the specific circumstances of your case. Whether you are seeking to establish paternity, navigate the legitimation process, oppose a legitimation petition, or address related issues such as child support or custody, we are here to provide you with the expert legal support you need. Malone W. Allen and our team are dedicated to ensuring that your case is handled with the utmost care and professionalism, providing you with peace of mind and a clear path forward for you and your child.

In choosing Resurgens Legal Counsel, you're not just selecting a law firm; you're partnering with a firm that values your well-being and future. For more information, please contact us at (770) 765-7550 or schedule a consultation today. Let us help you turn this challenging chapter into a foundation for a new beginning.

Principal Attorney

“[Malone’s] detailed and professional approach put me at ease when complex legal matters were being discussed and settled. His eye to protect my interests while also advising me on a course to follow that minimized overall costs was excellent!”
-Former Client

Family Law
Practice Areas

Divorce
Alimony
Division of Assets
Child Custody
Child Support
Modifications
Contempt of Court
Separate Maintenance
Legitimation and Paternity
Prenuptial Agreements
Postnuptial Agreements
Family Violence Orders
Stalking Protective Orders
Equitable Caregiver Claims
Grandparents’ Rights
Family Law Appeals

  • Paternity establishes the biological father of a child, often for child support purposes, but does not grant legal parental rights. Legitimation is a legal process unique to Georgia, allowing a biological father to become the child's legal father, thus granting him parental rights such as custody and visitation.

  • Paternity in Georgia can be established voluntarily by both parents signing a Paternity Acknowledgment Form, or involuntarily through a court order, often involving genetic testing to determine the biological father.

  • Legitimation is important in Georgia because it is the only way a father can gain legal rights to his child if the child is born out of wedlock. Without legitimation, the father has no legal standing for rights like custody or visitation, regardless of paternity.

  • A mother can contest a legitimation action in court. However, if paternity is established, the court will generally grant legitimation unless the court determines that the father has abandoned his opportunity interest in developing a relationship with the child or there are reasons to believe it's not in the best interest of the child.

  • A father can file a petition for legitimation in the superior court in the county where the child resides. This process typically involves submitting a legal petition and may require a court hearing.

  • Once legitimated, a father has the same legal rights and responsibilities as a mother, which includes the right to seek custody and visitation, the obligation to support the child, and the right to be involved in important decisions in the child's life.

  • Yes, both paternity and legitimation can be contested in Georgia. Paternity can be challenged through genetic testing, and legitimation can be contested in court, usually on the grounds of the child's best interests.

  • Simply signing a birth certificate in Georgia establishes paternity but does not accomplish legitimation. Legitimation requires a separate legal process to grant a father full legal rights to his child.

  • Yes, a legitimation action in Georgia can be filed for a child at any age. However, the sooner the process is initiated after the child's birth, the sooner the legal relationship between the father and child can be established, and the lower the risk of a successful defense to the claim by the other party.

Georgia
Paternity &
Legitimation
FAQs

Have a questions about an issue that isn’t listed here? Don’t hesitate to reach out to us to discuss the specifics of your case to see how we can help.

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If you're navigating the complexities of paternity and legitimation and seeking knowledgeable guidance, Resurgens Legal Counsel is here to help. Please fill out the contact form below, and Malone W. Allen or a member of our experienced team will get in touch with you promptly to discuss your situation and how we can assist you through this challenging time.