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Nephew needs to Legitimatize his daughter. What are the

Nephew needs to Legitimatize...

Nephew needs to Legitimatize his daughter. What are the steps in Georgia?

Lawyer's Assistant: Has anything been filed or reported?

He has always paid, gets everyother weekend. Mother is very good about visitation. Her other child calls him daddy also. She has filed for child support. Court date is April 16th. He spoke with the child services department, they asked him to do a DNA test, just to have it in the record.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Atlanta Georgia

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That about covers it.

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Customer reply replied 5 months ago
Just wanted to make sure my question was being worked on. Never used this site before. Thanks.
Answered in 47 minutes by:
3/14/2018
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,832
Experience: Experienced Family Law Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Sorry for the delay; your question was just routed to my list.

Can you please tell me if there is a pending paternity action?

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Customer reply replied 5 months ago
Not sure what "paternity action" means. Never any question as to whether the child is his. Always claimed her, paid money and sees her whenever he can. Mother is very good about visitation. The mother is seeking monetary support, hearing April 16th. Which is not an issue, he has always paid, he just wants to have rights also, where she goes to school and such. Loves child dearly and she loves him. Thanks.

OK, yes, (glad to hear he is so involved).

A paternity/legitimation action is how one becomes the legal father that is afforded the accompanying rights (ie custody, visitation, support etc).

Please see:

https://www.georgialegalaid.org/resource/paternity-establishing-fathers-responsibiliti?ref=MdopN

Even if the father is on the birth certificate, or even if the father is highly involved, the father must establish paternity so that the mother cannot unilaterally stop allowing visitation.

Please see:

http://csc.georgiacourts.gov/sites/default/files/csc/Paternity%20and%20Legitimation%20of%20Child%20Bench%20Card%20V2%200.pdf

A packet of forms is here:

http://www.southernjudicialcircuit.com/selfhelp/paternity/legitimation.pdf

If there is a different jurisdiction the court clerk can provide a similar packet.

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Customer reply replied 5 months ago
he can fill out the necessary forms and file them himself? Please confirm this.

Yes, that is correct; some people will hire an attorney but that is not required legally.

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Customer reply replied 5 months ago
One more question and I will let you go...when he goes through this and doesn't get what he wants, can he hire an attorney and try again. Or, is it one and done. Thanks.

It's a one time deal so to speak for establishing paternity but if the DNA test comes back positive then the court will issue a paternity order.

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There is a presumption that ongoing relations with both parents is in the child's best interests particularly if the relationship has already been established.

I apologize for the delay- please verify you have no further questions. Thank you!

LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,832
Experience: Experienced Family Law Attorney
Verified
LegalGems and 87 other Family Law Specialists are ready to help you
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Customer reply replied 5 months ago
I don't have any more questions. Appreciate your time. Thank you.
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