Is Legitimization required to be Considered Father

[Foolish1]

What is the name of your state? Georgia

A little background. My girlfriend and I have a 10 mos. old son together. We live apart and I have been paying child support without a court order. My name is on the birth certificate but just recently learned that unless I “legitimize” the baby officially through the court system that I still have no legal rights to the child. Is this true? What if (God forbid) something happened to the mother? Would I be in a huge custody fight with the state because I am not considered the legitimate father?

 

[LdiJ]

What is the name of your state? Georgia

A little background. My girlfriend and I have a 10 mos. old son together. We live apart and I have been paying child support without a court order. My name is on the birth certificate but just recently learned that unless I “legitimize” the baby officially through the court system that I still have no legal rights to the child. Is this true? What if (God forbid) something happened to the mother? Would I be in a huge custody fight with the state because I am not considered the legitimate father?

Yes, you are required to legitimize the child in GA in order to be legally named as the father. If something happened to mom before you could get that done, you would simply have to do it then. If there was a custody battle, it likely wouldn't be with the state, but with the child's grandparents.

 

[Foolish1]

Thanks LdiJ.
So in your opinion, do you really think the maternal grandparent (single in this case) would have a realistic claim even if I were to go through the courts to legitimize my son at that time?

 

[LdiJ]

Thanks LdiJ.
So in your opinion, do you really think the maternal grandparent (single in this case) would have a realistic claim even if I were to go through the courts to legitimize my son at that time?

Possibly. It would depend on what the facts were at the time.

 

[Foolish1]

Wow. That's scary.
Thanks again for your input.
I am probably wrong to assume that if we were to get married that my son would become mine in the eyes of the law. Right?
I guess I really should talk to an attorney.
I just hate that everything is so flippin' expensive.
I'd rather give my son and girlfriend my money not an attorney and the state of Georgia.

 

[rmet4nzkx]

Wow. That's scary.
Thanks again for your input.
I am probably wrong to assume that if we were to get married that my son would become mine in the eyes of the law. Right?
I guess I really should talk to an attorney.
I just hate that everything is so flippin' expensive.
I'd rather give my son and girlfriend my money not an attorney and the state of Georgia.

It is best to follow through with all legal proceedings especially when you are unmarried. While it is good that you are voluntarialy paying child support and perhaps even cooporating insofar as coparenting and visitation, you only have rights once they are established in court. I suggest you contact your local family court, most courts have some low cost referals or self help resources to accomplish your goals to establish your parental rights. Please understand that the amount of child support may increase with a court order and you and the child's mother may be able to work out your agreements in mediation if you are bale to cooporate and keep costs down, meaning more available for your child.

 

[Foolish1]

Thank you for the comments.
So does anyone know if it's possible to go through the court system without involving an attorney as I would like to keep the costs as low as possible. FWIW, the childs mother and I are 100% on the same page with this.
I am sure a dna test will be ordred and there will be court fees so it can't be cheap to begin with.
Any ideas as to how much $$ I'm in for?

Thanks again.

 

[acmb05]

Thank you for the comments.
So does anyone know if it's possible to go through the court system without involving an attorney as I would like to keep the costs as low as possible. FWIW, the childs mother and I are 100% on the same page with this.
I am sure a dna test will be ordred and there will be court fees so it can't be cheap to begin with.
Any ideas as to how much $$ I'm in for?

Thanks again.

If you are 100% sure the baby is yours you can have paternity acknowledged without a DNA test having to be done. Cost is about 35 or 40 dollars for mom to file at the court house for child support, You will be notified and ask to sign if you are the biological father, if you do not contest this then you will be found to be the father and she will get child support ordered to her from you. She could also go to child support enforcement in your area and they will do all the leg work for her.

 

[Foolish1]

If you are 100% sure the baby is yours you can have paternity acknowledged without a DNA test having to be done. Cost is about 35 or 40 dollars for mom to file at the court house for child support, You will be notified and ask to sign if you are the biological father, if you do not contest this then you will be found to be the father and she will get child support ordered to her from you. She could also go to child support enforcement in your area and they will do all the leg work for her.

Thank you.
Yes, I am 100% sure that the baby is mine.
So in your opinion, the simplest way to resolve this is for the mother to simply file for child support at which time I have the opportunity to not contest?
And this simple act legitimizes my child?
I hope it's that simple as this would save us a lot of headache and $$.
As stated, I already pay her child support so simply having a C.O. to do so is just a formality and does not bother me.
Thanks again.

 

[acmb05]

Thank you.
Yes, I am 100% sure that the baby is mine.
So in your opinion, the simplest way to resolve this is for the mother to simply file for child support at which time I have the opportunity to not contest?
And this simple act legitimizes my child?
I hope it's that simple as this would save us a lot of headache and $$.
As stated, I already pay her child support so simply having a C.O. to do so is just a formality and does not bother me.
Thanks again.

When she files for child support thru child support enforcement they are going to want you to sign an affidavid saying that you are the father. If you are 100% sure you are then go ahead and sign it. In the eyes of the court you will be the biological father. You should also file for visitation at this time and get an order for specified visitation times and days.

 

[iijmom]

If you live together they will not grant her child support through child support enforcement. You may want to use your mothers address as your own. This process will not legitimize the child though you will have to go through the court system to do that.