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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 101033
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I just need help figuring out how to legitimate my fiance's

Customer Question

I just need help figuring out how to legitimate my fiance's paternity of our daughter
JA: What state are you in? It matters because laws vary by location.
Customer: South Carolina She was born in Georgia, if that matters I was still legally married at the time she was delivered, and although I had been separated for 3 years, my ex-husband was the presumed father. His parental rights were terminated in our divorce, but now I need to get her father added to her birth certificate and have her last name changed to his Which I'm told can be done through the process of legitimation, but I'm not sure how to go about that
JA: Has anything been filed or reported?
Customer: Not yet I'm not even sure what I need to file.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't think so. I think I included everything Ok thank you
Submitted: 1 month ago.
Category: Family Law
Expert:  Ely replied 1 month ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

1) What do you mean his parental rights were terminated? As in, no visitation at all? Does he still pay child support? Or, did the court state that he is not the father?

2) Whose name is ***** ***** birth certificate now?

Customer: replied 1 month ago.
There is no name on the birth certificate now. My divorce stated that he was not the father.
Expert:  Ely replied 1 month ago.

Thank you.

What you and he can do is file a joint petition to establish paternity with the Court. The Court will order DNA testing to be sure, and once that is done and confirmed, then the Court will render an order establishing him as the father. That court order may be used to amend the birth certificate to include his name.

Normally to change the name of the child, another petition is required, but this can be done "within" the paternity petition once the father is confirmed.

Assuming both parents agree, then this can be pushed though with relative ease and very quickly.

I hope this helps and clarifies. Please use the SEND button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of THREE OR MORE STARS and then click FINISH to submit that rating, as this is how experts get credit for our time. Rating my answer the bottom two stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating (it does not cost anything extra to rate).

Customer: replied 1 month ago.
Where do I find the forms to start this process? Is that something we can get printed at the courthouse?
Expert:  Ely replied 1 month ago.
Not usually. Court houses do not provide forms. Unfortunately this kind of petition has to be drafted from scratch. I cannot seem to find any examples online. You are likely able to find one at a local law library (most are open to the public - just ask the librarian to help you). Or best yet, use an attorney. Most attorneys would not charge much for this matter since this is an AGREED matter, and not contested.
Gentle Reminder: Please, use SEND button to keep chatting, or RATE THREE OR MORE STARS and click FINISH to submit your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 1 month ago.
Would this be something I could file in Georgia since she was born there? The courthouse in the county she was born has a law library with prepared packages, one of which is for legitimation
Expert:  Ely replied 1 month ago.

Would this be something I could file in Georgia since she was born there?

No. If the child is living in South Carolina and is a resident of that state, then this would be done in SC.

The courthouse in the county she was born has a law library with prepared packages, one of which is for legitimation.

Perhaps that is the one that you are looking for, but I cannot say without seeing it.

Gentle Reminder: Please, use SEND button to keep chatting, or RATE THREE OR MORE STARS and click FINISH to submit your rating when we are finished. You may always ask follow ups at no charge after rating.

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