This is the first I'm hearing of this the attorneys I've talked to stated that he had to go to court for this. Being on the birth certificate isn't enough anymore. He has to do both.
B. Legitimation Legitimation: In Georgia, legitimation allows the biological father to be recognized by law as the legal father when a child is born out of wedlock. The superior and juvenile courts have concurrent jurisdiction in legitimation cases: (1) when transferred to juvenile court by proper order from superior court; and (2) when a petition for legitimation is filed as to a child with respect to whom a dependency proceeding is pending in the juvenile court at the time the petition to legitimate is filed. If there is a demand by either parent for a jury trial as to child support after a petition for legitimation has been granted, then the case shall be transferred from juvenile to superior court for such jury trial. O.C.G.A. §§ 15-11-28(e) and 19-7-22. Administrative Office of the Courts, Version 2.0 – Last edited: 8/8/2016
THE JUDICIAL PROCESS Determination of Paternity/Legitimation: If paternity has not been established through the voluntary acknowledgment process, a single petition for paternity and legitimation may be filed any time after the birth of the child by the father, and include claims for visitation, parenting time or custody. Who may file for Legitimation? Only the biological father of a child may file a judicial petition seeking to legitimate his child. The petition for legitimation may also include claims for visitation, parenting time or custody. O.C.G.A. §19-7-22. If the Department of Human Services (Division of Child Support Services) files a petition to establish paternity in the name of and for the benefit of a child for whom public assistance is received or whose custodian has applied for services for the child, the alleged father may assert a third-party action for the legitimation of the child. O.C.G.A. §§ 19-7-22 and 19-7-43. Where to file a Legitimation Petition? The petition is filed in the county of the residence of the child’s mother or other party having legal custody or guardianship of the child. However, if the mother or other party having legal custody or guardianship of the child resides outside of Georgia or cannot be found within the state, the petition may be filed in the county of the father’s residence or the county of the child’s residence. A legitimation petition may be filed in the juvenile court of the county in which a dependency proceeding regarding the child is pending. If there is a pending petition for adoption of the child, the father must file the legitimation petition in the county in which the adoption petition is filed. O.C.G.A. §§ 15-11-28(e) and 19-7-22. Requirements of the Legitimation Petition: The petition shall set forth the name, age, and sex of the child, the name of the mother, and, if the father desires the name of the child to be changed, the new name. If the mother is alive, she shall be named as a party and she shall be served and provided an opportunity to be heard. O.C.G.A. § 19-7-22. Contest of Legitimation: The mother may contest the legitimation petition by alleging that the petitioner is not the biological father or that he has lost his "opportunity interest to develop a relationship with the child." Davis v. Labrec, 274 Ga. 5, 549 S.E.2d 76 (2001); In the Interest of M.K., 288 Ga. App. 71 (2007); Binns v. Fairnot, 292 Ga. App. 336 (2008). Declaring an Order of Legitimation: Upon the presentation and filing of the petition, the court may issue an order declaring the father’s relationship with the child to be legitimate, and that the father and child shall be capable of inheriting from each other in the same manner as if the child was born in lawful wedlock, and specifying the name by which the child shall be known. O.C.G.A. § 19-7-22. Determination of Custody/Visitation: The petition for legitimation may also include claims for visitation, parenting time, or custody. If such claims are raised in the legitimation action, the court may, in addition to legitimation, order visitation, parenting time, or custody, based on the best interests of the child. O.C.G.A § 19-7-22 (f.1). Custody of the child shall remain with the mother unless or until a court order is entered addressing the issue of custody. O.C.G.A. §19-7-22.
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