Legal Question in Family Law in Georgia
Legtitmation
If parents marry after child is born, is that child considered to be legitimate. Leesburg Ga say's NO and almost put my son in jail for kid-napping. So now the mother just drops the child off for days even weeks and then when she is done doing what ever she does, my son has to give the baby back or go to jail. Can she do this? Is this Legal?
2 Answers from Attorneys
Re: Legtitmation
Under GA law, your son has no rights to the child until he files for legitimation. Consult with a local attorney.
Re: Legitimation
The code section states:
19-7-20 Legitimacy defined - disproof - legitimation by marriage.
(a) All children born in wedlock or within the usual period of gestation thereafter are legitimate.
(b) The legitimacy of a child born as described in subsection (a) of this Code section may be disputed. Where possibility of access exists, the strong presumption is in favor of legitimacy and the proof must be clear to establish the contrary. If pregnancy existed at the time of the marriage and a divorce is sought and obtained on that ground, the child, although born in wedlock, will not be legitimate.
(c) The marriage of the mother and reputed father of a child born out of wedlock and the recognition by the father of the child as his shall render the child legitimate; in such case the child shall immediately take the surname of his father.
However, the best way to do it would be to legitimate the child through the court or get a divorce decree saying that the child belongs to the Father.
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