My Cousin Danny
PATERNITY SUITS / LEGITIMATION
Paternity and legitimation are complex areas of law and can result in someone paying or receiving child support for a long time. Although closely related Paternity and Legitimation have very different meanings in Georgia Law; and which one you seek depends in large part who you are and what you stand to gain. In short, paternity suits are used to create a child support obligation; while legitimation suits are used to have a biological father declared a child’s legal father. Let My Cousin Danny help get you paid if your child’s father is unwilling to pay you or not paying enough. Let My Cousin Danny help you be recognized under Georgia law, as your child’s legal father. 470-275-1500
PATERNITY O.C.G.A § 19-7-43
In Fulton County Superior Court, Cobb County Superior Court, Gwinnett County Superior Court, DeKalb County Superior Court and all Superior Courts in the State of Georgia a petition to establish the paternity may be brought by:
(1) The child;
(2) The mother of the child;
(3) Any relative in whose care the child has been placed;
(4) The Department of Human Services in the name of the child or
(5) the alleged father- however an alleged father may be better served bringing a Petition for Legitimation instead. Talk to My Cousin Danny and let him analyze your case to help you choose what is in your, and your child’s best interest.
When a Petition for Paternity has been filed before the birth of the child the case will be stayed until after the birth of the child. In all Paternity cases, the court, either on its own motion or on the motion of any party, may order the mother, the alleged father, and the child or children to submit to genetic tests.
In any case for the collection of child support involving the Department of Human Services in which the paternity of a child or children has not been established or in which the individual receiving services alleges that paternity rests in a person other than the previously established father, the Department of Human Services shall order genetic testing of the mother, the alleged father, and the child or children as specified in Code Section 19-7-45.
In most petitions to establish paternity the alleged biological father may assert a third-party action for the legitimation of the child. Once paternity is established through genetic testing or if a voluntary acknowledgment of paternity has been made the court, pursuant to the provisions of Code Section 19-7-51, may enter an order or decree legitimating the child, provided that such is in the best interests of the child. However if a petition to establish the paternity is brought by the Department of Human Services, issues of name change, visitation, and custody will not be determined by the court until a separate petition is filed by one of the parents or by the legal guardian of the child, in accordance with Code Section 19-11-8. See more on Legitimation below.
“ARE YOU SURE?” – DISESTABLISHMENT OF PATERNITY
My Cousin Danny has represented clients who thought they were the father of a child, only to learn later that the child was not theirs. While My Cousin Danny cannot help with the emotional strain this news may create, he can help with the financial drain this may have been causing.
Whether your case is in DeKalb County Superior Court, Cobb County Superior Court, Fulton County Superior Court, Juvenile Court, at 75 Langley Dr, Lawrenceville, GA 30046, or anywhere in the State of Georgia, O.C.G.A § 19-7-54 is the Statute used to set aside a determination of paternity.
If a male has been ordered to pay child support as the father of a child, a motion to set aside a determination of paternity may be made upon the grounds that the newly discovered evidence has come to the male’s knowledge since the Order. The Court will likely order genetic testing of the man and child. Presuming the genetic test results find that there is no probability the man ordered to pay child support is not the father and none of the below items are present the man’s child support obligation will be terminated.
To disestablish a paternity order DeKalb County Superior Court, at 70 Haynes St, Marietta, GA 30090, Fulton County Superior Court, Juvenile Court, Gwinnett County Superior Court, or anywhere in the State of Georgia, the male cannot have:
(a) not adopted the child;
(b) The child was not conceived by artificial insemination while the man and the child’s mother were in wedlock;
(c) prevent the biological father of the child from asserting his paternal rights with respect to the child; and
(c) Once the man had knowledge that he is not the biological father of the child he has not:
(1) Married the mother of the child and voluntarily assumed the parental obligation and duty to pay child support;
(2) Acknowledged his paternity of the child in a sworn statement;
(3) Been named as the child’s biological father on the child’s birth certificate with his consent;
(4) Been required to support the child because of a written voluntary promise;
(5) Received written notice from the Department of Human Services, any other state agency, or any court directing him to submit to genetic testing which he disregarded;
(6) Signed a voluntary acknowledgment of paternity as provided in Code Section 19-7-46.1; or
(7) Proclaimed himself to be the child’s biological father.
Confused? You may be; and rightfully so. The State has a vested interest in making men pay child support for children. Once a child support order has been issued the State does not want to run the risk of letting the man off the hook. My Cousin Danny will fight to end you child support once you learn that things are not as they appear. email@example.com
I WANT TO SEE MY CHILD – LEGITIMATION O.C.G.A § 19-7-22
Are you a father seeking legal or physical custody/parenting time rights to your son or daughter? Do you want to be declared the legal father of your child? If you were never married to the mother of your child or children, you will need to file a legitimation/ paternity suit before any rights can be obtained. Call us to learn more about this Georgia-specific area of law.
In DeKalb County Superior Court, at 70 Haynes St, Marietta, GA 30090, Fulton County Superior Court, Juvenile Court, Gwinnett County Superior Court, or anywhere in the State of Georgia, if a father wants to gain the right to custody or visitation he must take the steps required by O.C.G.A. § 19-7-22 to “legitimate the child,” or, more correctly, to legitimate the relationship between himself and the child. Pruitt v. Lindsey, 261 Ga. 540, 407 S.E.2d 750 (1991).
Just because you are the “Biological father” of a child does not automatically legitimate you as the child’s legal father.
In Cobb County Superior Court, Fulton County Superior Court, at 556 North McDonough Street, Decatur, GA 30030, Juvenile Court, Gwinnett County Superior Court, or anywhere in the State of Georgia a “Legal father” is a male who has not surrendered or had terminated his rights the child and who:
(1) Has legally adopted the child;
(2) Was married to the biological mother of the child at the time the child was born, unless paternity was disproved by a final order.
(3) Married the legal mother of the child after the child was born and recognized the child as his own, unless paternity was disproved by a final order.
(4) Has legitimated the child.
The biological father legitimates his relationship with the child by filing a Petitioning in the Superior Court of the county of the residence of the child’s mother. If the mother or other party having legal custody of the child resides outside Dekalb County, Gwinnett County, Cobb County, Fulton County or the State of Georgia the petition may be filed in the county of the biological father’s residence or the county of the child’s residence. A legitimation petition may also be filed in Juvenile Court of the county in which a dependency proceeding regarding the child is pending. See O.C.G.A 15-11-11.
An Order of Legitimation gives a father more rights that an Order of Paternity. A Paternity Order creates a child support obligation; while once the biological father is legitimated as the child’s legal father the child shall be capable of inheriting from the father and the father shall be capable of inheriting from the child in the same manner as if the child was born in lawful wedlock. Furthermore, the order will specify the name by which the child shall be known going forward.
A legitimation petition will result in child support being ordered, and may also include claims for visitation, parenting time, or custody. If the Parties are unable to agree on what works best the Court will base its decision on the best interests of the child standard. Call today and get the help you need. 470-275-1500
Common Legal Questions
How do I file for divorce?
A divorce is initiated by filing a Domestic Relations Case Initiation Form, Summons, and Petition for Divorce with the Court Clerk of the relevant County of the Parties; and paying a filing fee. Once a divorce is properly filed the Respondent (person not initiating the divorce) must be served with process.
How long before I get my license back?
It depends on your past driving history, your age, the class of driver’s license you have and the current charges against you. As an example, for drivers over 21 years old a second, non-drug-related DUI conviction within five years of the prior conviction will result in DDS will suspending your license for three years. Call to discuss the specifics of your case.
What Can i drive with a DUI?
Once again, it depends. If your DUI conviction was drug-related (the influence of drugs alone, or alcohol and drugs combined) you face different rules regarding license suspension. For a second DUI-Drug conviction in five years, DDS will issue a yearlong “hard suspension” of your license, meaning that you won’t be allowed to drive for 12 months, period. But if you enter an alternative sentencing program like a DUI or Drug Court, you might be eligible for limited permit.
Can I get 50/50 Custody?
In Georgia child custody has two components: legal custody and physical custody. Legal custody is the right and ability to talk to your child’s doctor, teachers and such. Think of it as the ability to have a say in their life. Physical custody is the person who the child primarily lives with. Most divorcing parents will have joint legal custody (50/50 custody) of any minor children born of the marriage, while designating one parent as the physical custodian of the child or children. However, it is possible to have 50/50 joint legal and physical custody.
How much does a divorce cost?
There is no magic answer to that question. Other than everybody paying the same filing fee to initiate a divorce each divorce contains different issues, different disputes and different personalities. The Parties to the divorce have the biggest influence on the final cost of the divorce. Litigants who are fighting over silverware and toiletries out of spite for each other are likely to spend a larger amount that people who have resolved most of their issues. High value divorces with stocks, multiple parcels of real property, business or large pre-marital assets will also cost more than divorces with less assets. Lawyers sell their time. A divorce that takes more hours is going to cost more than a divorce that takes less hours. Let’s talk about your divorce so you will have an idea of the total cost.
Can i leave the state with my kids?
A well drafted parenting plan will cover contingencies and events you might not have though of. Interstate, intrastate and international travel are all issues that should be considered before signing any agreement. Depending on the facts of your case out of state travel with your children should be permissible with reasonable notice to the child’s other parent. What is reasonable notice? Call me, and lets talk.
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