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Legitimation

What is legitimation?

Legitimation is somewhat unique to Georgia law. It describes the process where a father to a child born out of wedlock solidifies legal standing as the child’s father. This allows the child to inherit from the father as if the parents were married. In order for the father to have parenting time with the child, custody must be determined according to what is in the child’s best interest.

 

Why legitimate?

When children are born out of wedlock in Georgia, the Mother has all parental power over the child. The father may wish to confirm paternity through a DNA test, but he must assert his rights by filing a petition with the court to assert his parental rights.

In order for the father to have parenting time with the child, custody must be determined according to what is in the child’s best interest.

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