A child born out-of-wedlock is tagged with the unfortunate designation as “illegitimate.”
From a legal standpoint, this means that the child only has a mother. The father of the child has no right to the child, nor does he have any legal obligation to pay child support. Legitimation is different from Paternity which is a biological, not legal, determination.
For a mother trying to collect child support, she must file a petition to Establish Paternity. The court will then order a DNA test. If the test reveals that the man accused is NOT the father, then the case is dismissed, usually with all costs against the accusing mother. If the test reveals that the accused is the father, the court will issue an order that the man is the biological father, and compel him to pay child support.
As the child has yet to be declared legitimate, the Father finds himself in the unfair situation of having a legal obligation to support the child while having no rights to the child. The solution is for the Father to file a Petition to legitimate the child. Most legitimation petitions are quick, easy and uncontested, as most times both parents desire the legitimation.
Once the court grants the petition to legitimate, the father is entitled to seek visitation, or even custody of the child. Most legitimations also ask for the child’s last name to be changed to the father’s last name. Once upon a time this was automatic; all judges thought the child ought to have their father’s last name.
Recently, however, it is not so automatic with Judges striving to treat the sexes equally; many judges do not see the harm in the child having the mother’s last name. It appears that the longer the Father waits to legitimate, the less chance he will have to have the child’s last name changed.
Perrotta, Cahn & Associates represents clients throughout Georgia and the Southeastern United States. They have offices conveniently located throughout Georgia. Attorney Tony Perrotta has personally won over 1000 custody cases on behalf of dad’s. To schedule a free consultation with a lawyer at our firm, call us toll-free at 866-382-8900 or visit us online at www.northgafamilylawyer.com.
We have offices in: Cartersville, Calhoun, Dalton and Dallas
Serving clients in: Bartow, Floyd, Paulding, Cherokee, Polk, Whitfield, Douglas, Cobb, Fulton, Chatham, and all of Northwest Georgia.
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