Legitimation and Paternity in Suwanee and Commerce

We can help secure the legal rights to your children.

Do You Have A Baby On The Way?

If you and your partner are having a baby, and you aren’t married, you will need to file a Legitimation or Paternity action to finalize your rights to the baby. In Georgia, only the biological mother has rights to the child, even if the Father was present at the birth and is on the birth certificate. If you decide not to get married, there are two types of companion cases that get filed. The father of the child files a Legitimation Action to recognize the child to be born as legally his child. The mother of the child files a Paternity Action to establish who the biological father is, and determine how much child support the father should pay.

It is best to formalize these legal relationships right from the beginning, especially when everyone is getting along.  I recommend filing a Legitimation after the child is born to formalize the father’s relationship to the child, especially when everyone is getting along and living together. This helps prevent difficulty if the relationship ever dissolves in the future, and can help reduce future conflict between the parents.  Once everyone’s legal rights are established, if your living and family arrangements change in the future, your legal documents can be changed or modified to adjust with your new situation.

If you are in a same-sex relationship, the Legitimation and Paternity Actions don’t apply.  In Georgia, the laws have not changed to meet all the ways that families are currently formed, and the terminology of the statutes does not match everyone’s situation.  Normally, to formalize the parent-child relationship in a same-sex relationship, we recommend that the nonbiological parent adopt the child to make a legal relationship between the parent and child.

If this terminology doesn’t fit your situation, there are other options under Georgia Law. Georgia has enacted the Equitable Caregiver’s Act which is used to formalize a legal relationship between a child and their caregiver who is not related to the child or the mother. There could be other options depending on your situation. Give us a call!