Gwinnett County Paternity & Legitimation Attorneys
Discuss Your Case with Our Experienced Family Lawyers
At Daniels & Taylor, P.C., we provide vigorous representation for biological fathers wishing to establish paternity, as well as in subsequent matters involvingĀ custody,Ā visitationĀ rights, andĀ child support. We also represent mothers wishing to contest such actions. Having represented many clients from all walks of life in such cases, we understand the legal issues in these actions. Our paternity and legitimation lawyers in Gwinnett County will use their knowledge and experience to protect your rights.
CallĀ (770) 285-1673Ā today to get started on your case.
What Is Legitimation?
When a man is not married to the mother of his child, he must first bring a legal action to legitimate the child to establish his parental rights, custody, visitation, and the child’s right to inherit from the father. Once legitimation is granted, the parent-child relationship will be established as if the child were born in wedlock. Custody, visitation, and child support can be decided in the legitimation case itself. Before the legitimation of a child born out of wedlock, the mother is entitled to custody and exercises all parental power over the child.
A legitimation petition is a separate court action, generally filed in the county where the child’s legal custodian lives, not automatically the county where the father lives (O.C.G.A. 19-7-22(b)). Before a legitimation, the law usually gives one parent custody of the child automatically, without a separate court order, and that parent’s county is where the petition is filed. If that person lives outside Georgia or cannot be found after a diligent search, it may be filed where the father or the child lives. Because the correct county depends on your situation, we can confirm the right venue before you file.
What Are DNA Tests?
Daniels & Taylor, P.C., can represent you whether you are a mother or a father seeking to establish the paternity of a child. The process starts with a legitimation petition. After notice and a hearing, the judge decides whether legitimation is in the child’s best interests, and in some cases the court may order genetic testing to confirm that the father is the biological father. DNA testing can establish paternity. Legitimation is a separate court decision: after a hearing, the judge decides whether legitimation is in the child’s best interests.
Child Support & Legitimation
Once paternity is established, the court can order child support. A father’s custody and visitation rights require legitimation.
Since aĀ father’s duty to supportĀ his child arises when the child is born, Georgia law permits the recovery of back child support from the father upon adjudication of paternity. Medical and birth-related expenses incurred by the mother are recoverable from the father.Ā This could result in the father having to pay tens of thousands of dollars in child support and medical costs. To protect your rights, you should contact an experiencedĀ family lawĀ firm.
We serve clients in Lawrenceville and throughout Gwinnett County. Call us atĀ (770) 285-1673Ā today.
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Frequently Asked Questions: Legitimation in Georgia
What is legitimation in Georgia?
Legitimation is the legal process by which an unmarried father gains parental rights, including custody, visitation, and decision-making, to his child. Daniels & Taylor, P.C. represents fathers in Gwinnett County and Lawrenceville.
Why does an unmarried father need to legitimate his child?
In Georgia, an unmarried father has no legal custody or visitation rights until he legitimates, even if he is on the birth certificate or pays support. Daniels & Taylor, P.C. secures those rights before they can be denied.
Can legitimation and custody be handled together?
Yes. Daniels & Taylor, P.C. combines legitimation with custody, parenting time, and child support so a father can resolve everything in one Gwinnett County action.
Can the mother object to legitimation?
A mother can object, and the court weighs the child's best interests. Daniels & Taylor, P.C. presents the father's bond and involvement to overcome objections and secure his rights.