Legal Question in Family Law in Georgia

Legitimation

I have had a child out of wedlock. The father didn't recognize the child until a DNA test confirmed that he was in fact the father. Am I required to sign a legitimation form? Also, what legal rights does he have if any? He doesn't want to go through a court to establish anything but has threaten me with my having to pay HIM child support because I make more money than him. Can this happen?


Asked on 2/27/06, 12:32 pm

3 Answers from Attorneys

Eric Ballinger Ballinger & Associates

Re: Legitimation

You are not required to sign any documents to allow him to legitimate. He has no rights to the child until he has a court order legitimating the child and grating him any custodial or visitation rights. As for child support, the law provides that child support is to be paid from the non-custodial parent to the custodial parent. The fact that you make more money will not obligate you to pay support.

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Answered on 2/27/06, 1:00 pm
Charles W. Field Charles W. Field, Attorney at Law

Re: Legitimation

Under no circumstance would you be ordered to pay him child support, unless he gets custody. He is bluffing. However, you should consult with a local attorney about your refusal to sign the legitimation papers (which you have the right to do) about the possible detrimental future impact this may have on the child.

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Answered on 2/27/06, 3:15 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Legitimation

You are not required to sign any documents, but, if you decline, he can still file, and a Court might still allow him to legitimate.

The father has no rights to visits with the child or custody until and unless he has a court order legitimating the child.

He has a duty to pay support, regardless of court orders and can be prosecuted if he goes a month without paying.

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Answered on 2/27/06, 3:47 pm


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