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Paternity And Legitimation Case Study

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How do I disestablish paternity or legitimation? If the father seeks to disestablish paternity of legitimation, he may:  Submit a Voluntary Rescission. If the father signed a Paternity Acknowledgment Form, he may rescind it within 60 days of signing it, unless an order has already been entered establishing paternity.  Challenge a paternity acknowledgment after 60 days, but prior to the entry of an order. The acknowledgment may be challenged in court but only on the basis of fraud, duress, or material mistake of fact.  Motion to set aside. A motion to set aside a determination of paternity may be filed if the person ordered to pay support can show new evidence about paternity and results of a recent paternity genetic test.  Extraordinary…show more content…
The relationship is acknowledged with the addition of his name on the child’s birth certificate. Legitimation establishes the legal relationship that gives the father standing to request custody or visitation. Only the biological father may file for it. Why do I need to file for legitimation? In Georgia, unwed mothers have the sole custody of the child. This applies even in the case that the father and mother are in a committed relationship or live together. In order to have the right to petition for legal or physical custody and visitation, the father must first establish legitimation. However, only paternity is required for a judge to order child support from the father. What are the benefits of legitimation? The father of the legitimated child gains the right to petition for child custody and visitation rights. The child also gains the right to inherit from the father, access medical history on the father’s side, and be placed in a paternal relative’s home if the mother can no longer care for the child. It also provides the legal basis for the child to establish an emotional bond with the…show more content…
The Division of Child Support Services conducts paternity testing for all newly establish child support cases.  Petition for Legitimation. If the father has not completed the form but still wishes to establish legitimation, he must file for legitimation at the Superior Court of the mother’s county of residence. If the mother is out of state or her whereabouts are unknown, then he may petition in his county of residence. If there is an open adoption proceeding, the petition must be filed in the county where the adoption is taking place. The father may file a single petition for paternity and legitimation, and include claims for visitation, parenting time, and custody. However, if the Division of Child Support Services brings a petition to establish the paternity of the child, issues of name change, visitation, and custody will not be determined until a separate petition is filed by one of the parents. Once the petition has been filed, the mother will be served and a hearing will take place, through which a judge will issue an order establishing or denying legitimation based on what is in the best interest of the
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