Attorney Ned Ogueri
Georgia Legitimation Lawyer
In Georgia, a father who was not married to the mother when the child was conceived or born does not automatically have legal rights to custody or parenting time. Legitimation establishes a legal parent-child relationship and allows a father to seek custody and parenting time; it does not automatically award a particular schedule. As a Georgia legitimation lawyer in Norcross, Attorney Ned Ogueri represents fathers in Gwinnett County and metro Atlanta who are seeking legitimation, as well as parents responding to legitimation petitions.
How does an unmarried father get rights in Georgia?
An unmarried father may seek a court order of legitimation; marriage to the mother followed by recognition of the child can also establish legitimation under applicable law. Acknowledging paternity, being named on a birth certificate or paying support does not by itself establish custody or visitation rights. Georgia repealed the voluntary acknowledgment of legitimation process effective July 1, 2016, while preserving qualifying acknowledgments executed on or before June 30, 2016. Our office can review existing documents and explain what step is needed in your circumstances.
Where is a legitimation petition filed in Gwinnett County?
If the mother or the child’s legal custodian lives in Gwinnett County, the petition is generally filed in the Superior Court of Gwinnett County at the Gwinnett Justice and Administration Center, 75 Langley Drive, Lawrenceville.
What legitimation does
A legitimation order under O.C.G.A. § 19-7-22 establishes the father’s legal relationship with the child. It allows the father to seek custody and parenting time, and it allows the child to inherit from the father and the father from the child. Without legitimation, the mother is the only parent entitled to custody.
Legitimation is different from paternity
A paternity finding identifies the biological father and establishes a duty of support. It does not by itself legitimate the child or give the father custody or visitation rights. Being named on the birth certificate or paying child support also does not legitimate a child.
Ways to legitimate a child
- The parents marry each other and the father recognizes the child
- The father files a petition to legitimate in superior court
Qualifying voluntary acknowledgments executed on or before June 30, 2016 may retain legal effect. Signing a new acknowledgment of paternity is not a current substitute for legitimation.
Where to file
A legitimation petition is generally filed in the superior court of the county where the mother or the child’s legal custodian lives. Different rules can apply when the mother lives outside Georgia, when an adoption is pending, or when a case is already in juvenile court.
Custody, parenting time and support in the same case
A father may ask the court to decide custody and parenting time in the legitimation case. The court may also address child support. The court considers the father’s relationship with the child and the child’s best interests.
Act promptly
Delay can affect a father’s position, especially if another person seeks to adopt the child. A father who wants a legal relationship with his child should seek advice as early as possible.
Related guides: Georgia child custody | Georgia child support.
Learn more about Gwinnett County divorce and family law lawyer, or call (770) 840-9098 to request a consultation with Attorney Ned Ogueri.
This page provides general information about Georgia law. It is not legal advice for your situation, and contacting the office does not create an attorney-client relationship.