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What steps must be taken to get a child legitimized by the ...

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What steps must be taken to get a child legitimized by the birth father
Submitted: 9 years ago.
Category: Legal
Expert:  Law808 replied 9 years ago.

HelloCustomer Thank you for using JustAnswer.com.

Is the father on the birth certificate? Are you asking how does a father exercise his right to his child? Can you please give futher information so I can better assist you.

Thanks!

 

Customer: replied 9 years ago.
Reply to LawStudent808's Post: He is on the birth certificate and they signed papers at the hospital but now there is a problem because of an argument. There has been a TPO order due to FV. They say he has no rights as a father until he has the birth Legitamized. Both were charged, Him for battery, he tried to stop her from cutting him by grabbing her neck and her for assault and battery, she used a knife and cut him (not deep or bad). They could not determine who the agressor was. She is the mother and she got the baby. That is where we are now.
Expert:  Law808 replied 9 years ago.

Georgia does recognize the mother as having sole physical and legal custody by operation of law for children born in wedlock, leaving the burden to putative father to file a petition for legitimation. You need to go to the court and file this with the court clerk. During this process, the father can request to seek visitation and/or custody. He may even file to change the childs last name if necessary, keeping in mind that they law is there for the benefit of the child.

It's during this process that the mother will be served with the process of the petition and given an opportunity to object this claim, however, once the paternity is "established", the father may file another court action seeking custody.

Once a case is active, you can utilize many programs in Georgia for help in this process through the Office of Child Support Services (OCSS) such as family mediation, etc. If at all possible, finding legal representation is always suggested. If you cannot afford one, here are some self-help legal resources in Georgia.

http://www.fultonfamilydivision.com/ (Fulton County-Superior Court Family Division's Family Law

www.co.dekalb.ga.us/dekalbflic

http://www.legalaid-ga.org/

Best of wishes, and if you need help or further clarification, please let me know. Otherwise, please press ACCEPT!

Thanks!

 

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