In the case a child is born out of wedlock, and after a break-up or falling out, a great number of fathers discover the hard way that they have neither custody nor visitation rights, despite the fact that their names appear on the birth certificate and the mother acknowledged their paternity at the hospital. In the state of Georgia, in the case of a child born out of wedlock, the father is obliged to file a legitimation action in the county where the mother resides in order to establish himself as the legal father of the child and to obtain custody, parenting time, and visitation rights.
In the case the mother cannot be found within the state, if she has passed away, or if she resides outside the state of Georgia, the father has the right to file a petition in the county where he resides. Should the mother be alive, what is called a legitimation petition will name her as a party and allow her to provide a response. In this case, a contested case could ensue.
If the court decides in favor of the father, the court will issue an order which legitimizes the relationship of the father and the child. Moreover, the court has the ability to decide on custody and visitation as if the child were born in lawful wedlock. Should this be the case, the court will always act in the best interests of the child.
At the Law Office of Caroline Pineres, we represent both fathers and mothers when it comes to legitimation. We will assist our clients in negotiating a parenting plan that is in the best interest of their child. Should the other party be contentious, we will defend our clients with the utmost vigor. Legitimation is a difficult process and we will defend our clients’ rights in their pursuit of justice.
Life, can sometimes prove to be challenging and unpredictable and more so during the very vulnerable and stressful exposures, that one can be subjected to involving family and marital matters.
The Law Office of Caroline Pineres understands the complex and sensitive nature of family-related legal disputes and is prepared to guide clients toward appropriate and productive solutions with discretion, respect, and sensitivity. As a practitioner in a rapidly evolving area of law, Caroline Pineres is one of the most respected attorneys in her field and has zealously dedicated her practice to successfully assisting clients with all family law related issues. She routinely obtains winning results for her clients, regardless of the complexity of the cases.
Bilingual (English-Spanish) As a native Spanish speaker, Caroline has brought her knowledge and expertise to the Latino community, helping its members understand the law and the legal process involved in divorce.
Law Firm, specializing in Family Law serving Fulton, Gwinnett, Cobb, Forsyth, Bartow, Cherokee, and Hall counties.