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Our Family Blog

An ongoing series of informational entries

Georgia Family Law: The Importance of Legitimation for Unmarried Fathers

February 3, 2023

Legitimation is a process in Georgia that establishes legal fatherhood for a child born to unmarried parents. Legitimation is important because it gives the child certain legal rights and benefits, such as inheritance, Social Security, and access to medical and genetic history. In this blog post, we will discuss what legitimation is, how it works in Georgia, and why it is important.

What is Legitimation?

Legitimation is the legal process by which a father acknowledges the paternity of his child born out of wedlock. Legitimation confers the same rights and responsibilities on the father as if the child had been born during a marriage. Legitimation is a voluntary process, which means that the father must initiate the process by filing a legitimation petition in court.

How Does Legitimation Work in Georgia?

In Georgia, when the father initiates the process, he must file a petition for legitimation with the superior court in the county where the child resides. The petition must include information about the child, the father, and the mother, and must be signed under penalty of perjury. The father must also pay a filing fee, which varies depending on the county.

After the petition is filed, the mother and any other legal parent (such as a putative father who has filed a paternity action) will be notified and given the opportunity to respond. If the mother consents to the legitimation, the court will issue an order establishing the father's legal paternity. If the mother does not consent, the court will hold a hearing to determine whether legitimation is in the best interests of the child.

Once legitimation is granted, the father will have the same rights and responsibilities as any other legal father. This includes the right to seek custody or visitation, the obligation to provide financial support, and the right to make decisions about the child's education, healthcare, and religion.

Why is Legitimation Important?

Legitimation is important because it establishes a legal relationship between the father and the child. This legal relationship confers certain rights and benefits on the child, including the right to inheritance, the right to Social Security benefits (if the father dies or becomes disabled), and access to medical and genetic history.

In addition, legitimation can provide emotional benefits to both the father and the child. For the father, legitimation can provide a sense of responsibility and pride in being recognized as the child's legal father. For the child, legitimation can provide a sense of identity and connection to their biological father.

Conclusion

Legitimation is an important process in Georgia that establishes legal fatherhood for a child born to unmarried parents. If you are a father seeking to establish legal paternity for your child, or a mother seeking to legitimize your child's father, it is important to consult with an experienced family law attorney who can guide you through the process. A family law attorney can help you understand your rights and responsibilities and can ensure that your interests and the interests of your child are protected.

Georgia Family Law: What You Need to Know About Legitimation vs Paternity

February 10, 2023

When a child is born to unmarried parents, the father's legal relationship with the child is not automatically established. In Georgia, there are two legal actions that can be taken to establish the father's rights and responsibilities: an action to establish paternity and an action for legitimation. Although the two actions are related, they are distinct legal procedures that serve different purposes.

Paternity

An action to establish paternity is a legal proceeding that is used to determine the biological father of a child. This process is often initiated by the mother, the putative father, or the state. The court may order genetic testing to determine whether the putative father is the biological father of the child. If the test results show that the putative father is the biological father, the court will issue an order establishing paternity.

Once paternity is established, the father will have legal rights and responsibilities related to the child. These rights and responsibilities can include child support, custody, and visitation. It is important to note, however, that establishing paternity does not automatically give the father custody or visitation rights. These issues will need to be addressed separately or in an action for legitimation.

Legitimation

An action for legitimation is a legal proceeding that is used to establish the legal relationship between a father and his child. Legitimation is not the same as paternity; instead, it is a separate legal process that establishes a father's rights and responsibilities related to his child. Legitimation is typically initiated by the father of the child.

Once legitimation is established, the father will have legal rights and responsibilities related to the child, including the right to custody and visitation. Legitimation also gives the child the right to inherit from the father and allows the child to use the father's surname.

In some cases, both paternity and legitimation may need to be established. For example, if a father wants to establish his legal relationship with a child, he may need to first establish paternity through genetic testing. Once paternity is established, he can then file for legitimation to establish his legal rights and responsibilities related to the child.

Conclusion

In conclusion, an action to establish paternity and an action for legitimation are two separate legal procedures that serve different purposes. Paternity establishes the biological relationship between a father and his child, while legitimation establishes the legal relationship between them. If you are a father who wants to establish your rights and responsibilities related to your child, it is important to understand the differences between these two legal processes and to seek the guidance of an experienced family law attorney.

Breaking Down the Numbers: How Child Support is Calculated in Georgia

February 17, 2023

Child support is an essential aspect of Georgia family law, which is meant to ensure that the basic needs of the child are met after the dissolution of a marriage or the separation of the parents. It is a legal obligation that the non-custodial parent must fulfill, and failure to do so can result in severe consequences. In this blog post, we will discuss how child support obligations are calculated or determined in Georgia.

Child support is determined based on a formula that takes into account several factors such as the income of both parents, the number of children involved, and the custody arrangement. The formula used is based on the Income Shares Model, which calculates the child support obligation by taking into account the combined income of both parents and the number of children involved.

To calculate child support, the first step is to determine the gross income of both parents. Gross income includes all sources of income, including salaries, wages, bonuses, commissions, self-employment income, rental income, and any other income that is taxable. Once the gross income of both parents is determined, it is added together to obtain the combined gross income.

The next step is to determine the basic child support obligation, which is calculated using the Georgia Child Support Guidelines. The Guidelines provide a table that lists the basic child support obligation based on the combined gross income of both parents and the number of children involved. The basic child support obligation is the amount that the parents would be expected to spend on their child if they were still living together.

Once the basic child support obligation is determined, the next step is to allocate the obligation between the parents based on their respective incomes. This is done by calculating the percentage of each parent's income to the combined income. The percentage is then applied to the basic child support obligation to determine each parent's share of the obligation.

Other factors may also be considered when calculating child support, such as medical expenses, childcare expenses, and educational expenses. These additional expenses are added to the basic child support obligation to determine the total child support obligation.

In cases where one parent has primary physical custody of the child, the non-custodial parent is usually required to pay child support. However, in cases where the parents share physical custody of the child, the child support obligation may be adjusted to reflect the actual time that the child spends with each parent.

In conclusion, child support is a legal obligation that must be fulfilled by the non-custodial parent. The amount of child support is determined based on a formula that takes into account the combined income of both parents, the number of children involved, and the custody arrangement.

If you have questions or concerns about child support in Georgia, it is best to consult with an experienced family law attorney who can provide you with guidance and advice tailored to your specific situation.

Georgia Family Law: Exploring Your Options for Catching Up on Child Support Payments

February 24, 2023

Child support payments are a crucial aspect of ensuring that your child receives the financial support they need to thrive. Unfortunately, life can throw unexpected challenges that can make it difficult to stay current on child support payments. Falling behind on child support payments can have serious consequences, including wage garnishment, loss of your driver's license, and even jail time. In this post, we'll explore your legal options for catching up on child support payments in Georgia.

Option 1: Negotiate a Payment Plan

One option for catching up on child support payments is negotiating a payment plan with the other parent or their attorney. This can be a great way to get back on track with your payments while avoiding legal consequences. A payment plan can be tailored to your financial situation and can help ensure that your child receives the support they need.

Option 2: File a Motion to Modify

If your financial situation has changed significantly since your child support order was issued, you may be able to file a motion to modify your child support order. This can be a great option if you have experienced a job loss, medical emergency, or another significant financial setback. If your motion to modify is granted, your child support payments may be reduced to reflect your new financial situation.

Option 3: Seek a Child Support Arrears Compromise

If you owe a significant amount of child support arrears, you may be able to seek a child support arrears compromise. This option involves negotiating a lump sum payment or a reduced payment plan to satisfy your child support arrears. This can be a great option if you are facing wage garnishment or other legal consequences as a result of your child support arrears.

Option 4: Seek Legal Representation

If you are facing legal consequences as a result of your child support arrears, it may be time to seek legal representation. An experienced family law attorney can help you explore your legal options for catching up on child support payments and can advocate on your behalf in court. Your attorney can also help you negotiate a payment plan or seek a child support arrears compromise.

In Conclusion

Falling behind on child support payments can be a stressful and overwhelming experience. However, there are legal options available to help you get back on track and ensure that your child receives the financial support they need. If you are struggling to catch up on child support payments, consider negotiating a payment plan, filing a motion to modify, seeking a child support arrears compromise, or seeking legal representation. An experienced family law attorney can help you explore your legal options and advocate on your behalf to ensure that your child's best interests are protected.

Exploring Your Options: How to Secure Child Support for Your Family in Georgia

March 2, 2023

If you are a parent who is seeking financial support from your child's other parent, you may be wondering what your options are. There are several paths you can take, each with its own advantages and disadvantages. It's important to explore your options and choose the best one for your particular situation. In this blog post, we will discuss the most common options for parents seeking child support.

Option 1: Informal Negotiation

The first option is to negotiate informally with the other parent. This is the simplest and least expensive option, as it doesn't involve the courts or lawyers. You can approach the other parent and ask them to provide financial support for your child. It's best to have a clear idea of how much support you need and to present this in a calm, reasonable manner. Keep in mind that the other parent may be willing to negotiate if they are approached in a respectful and collaborative way.

However, there are some downsides to this approach. If the other parent is uncooperative or refuses to pay, you will have no legal recourse. Additionally, if the other parent agrees to pay but later changes their mind, you will have no legal way to enforce the agreement.

Option 2: Mediation

Mediation is another option for parents seeking child support. Mediation involves a neutral third party who helps facilitate a discussion between the two parents. The mediator can help both parties come to an agreement on the amount and duration of child support payments.

Mediation can be a good option for parents who are willing to work together but need some assistance in coming to an agreement. It's also less expensive than going to court. However, if the other parent is unwilling to negotiate or doesn't show up to the mediation, it may not be an effective option.

Option 3: Child Support Enforcement Agency

If the other parent is not paying child support as ordered, you can turn to your state's child support enforcement agency. This agency can help you locate the other parent, establish paternity if necessary, and enforce a court order for child support payments.

The child support enforcement agency can be a good option if the other parent is uncooperative or has stopped paying child support. However, keep in mind that this process can be time-consuming and may require a lot of paperwork.

Option 4: Court

The final option is to take the matter to court. If you have tried other options and are still not receiving the child support payments you need, you can file a petition with the court. A judge will then decide on the amount and duration of child support payments.

Going to court can be expensive and time-consuming, but it can also be the most effective way to enforce child support payments. If the other parent is not paying as ordered, the court can take action to enforce the order, such as garnishing wages or seizing assets.

In conclusion, there are several options for parents seeking child support. You can negotiate informally, go through mediation, use a child support enforcement agency, or go to court. Each option has its own advantages and disadvantages, and the best option for you will depend on your specific circumstances. If you are unsure which option to choose, it's a good idea to consult with a family law attorney who can guide you through the process.

Law Office of C.J. Williams, LLC