Paternity & Legitimation
Paternity and Legitimation, while related, are different legal processes to establish legal rights for, and obligations to, a minor child of previously unconfirmed paternal lineage.
As your paternity or legitimation attorney we can guide you through the legal process, including helping you to complete the proper DNA testing or State forms to reach a conclusion.
Paternity & Legitimation Defined
Paternity identifies the biological father through DNA testing from a certified DNA testing laboratory. Paternity may also be established through a formal administrative process wherein the father completes and signs State Form 3940. Determination of paternity automatically makes a man legally liable for the financial support and general welfare of the minor child.
Legitimation allows the biological father of a child to be legally recognized as the father. The State From 3940 contains a section where the birth mother and biological father may acknowledge mutual agreement that the relationship between the child and father shall be considered legitimate for all purposes under the law. There are restrictions to this process under certain conditions.
If you are considering the filing of a paternity or legitimation claim, we encourage you to contact our law firm by calling 770-604-9292 or click the button below to contact us online.
Paternal Rights
Under Georgia law, if you are the biological parent of a minor child you have certain rights and obligations regarding the care and upbringing of the minor child. Legitimation and Paternity lawsuits typically require a DNA test in order for a proper legal determination of paternity. While Paternity and Legitimation lawsuits are typically filed in order to assert parental rights that have been denied or to force financial support of a child where paternalism has been denied by the father, it can be used to disprove such claims and prevent improper access to a minor or undeserving requirements for financial support.
Paternity Lawsuits
A Paternity claim is a legal action that may be filed by a woman against a man who she believes is the biological father of her child. A paternity lawsuit is filed in order to obtain a legal determination that the defendant is indeed the father of the birth mother’s child for the purposes of seeking formal support from the man for child support, or to fight wrongful claims made by the man for visitation or custody of the minor child.
Legitimation Claims
A Legitimation claim is a legal action that may be filed by a man who believes that he is the biological father of a child. A legitimation claim is filed in order to obtain a legal determination that the plaintiff is indeed the biological father and therefore should have parental and custodial rights with regard to the minor child.
Legal Ramifications
If a Legitimation or Paternity lawsuit yields a positive determination regarding identification of the biological father, the father is then open to claims by the mother for child support for any normal and reasonable expenses for the upbringing of the child. The father may file a claim to assert his rights regarding visitation with, and custody of, the minor child.
