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Paternity and Legitimation

Paternity and legitimation are important father's rights. Lunn Law LLC assists in these particular areas of law.  There are numerous legal situations where paternity and legitimation are important.

Paternity: Biological Father

To elaborate, paternity means the quality or state of being a father (i.e. fatherhood). Genetic testing is one method to establish paternity. Hence the numerous situations where one has a paternity test which  include:

  • Establishing proof of heritage for an adopted child seeking their biological parent;
  • Assisting mothers seeking child support from a man who denies he is child's father;
  • Assisting men wishing to confirm paternity;
  • Determining grand parentage, inheritance rights, Social Security benefits and insurance claims; and
  • Determining heirs by DNA profiling for estate purposes.

Additionally, the people that can file a petition of paternity are 1)  the interest of the child, 2) the mother of the child, 3) any relative in whose care the child has been placed, 4) the Department of Human resources, and 5) one who is alleged to be the father.

Legitimation: Legal Father

Furthermore, Georgia law permits the mother of a child born out of wedlock to sole custody rights to the child. Only the biological father of a child is to file a petition to legitimate his child. Thus, a biological father must file a legitimation action in court to obtain any parental rights such as custody or visitation. Legitimation of a child will accomplish a number of things.  Firstly, it recognizes the biological father as the legal father and gives the child the right to inherit from the father and vice versa. Secondly, the legal father can have custody and visitation rights once legitimation is in place.

If the mother consents to legitimation, the mother and father can sign a voluntary acknowledgment.  It makes the process of legitimation a lot similar for everyone involved. To the point, it is always better to try to come to an agreement, when possible.

In conclusion, to schedule a consultation to discuss father's rights with Attorney Tiffany R. Lunn, Contact Us online or call Lunn Law LLC at 770.492.2974. Lunn Law LLC primarily assists with paternity and legitimation services throughout the Metro-Atlanta area including Jonesboro, McDonough, Stockbridge, South Atlanta, Fayetteville, and other communities in Clayton County, Henry County, Douglas County, Fulton County, Fayette County, and Spalding County.