Under Georgia law, if you are the biological parent of a minor child you have certain rights and obligations regarding the care and upbringing of the minor child. Legitimation and Paternity lawsuits typically require a DNA test in order for a proper legal determination of paternity. While Paternity and Legitimation lawsuits are typically filed in order to assert parental rights that have been denied or to force financial support of a child where paternalism has been denied by the father, it can be used to disprove such claims and prevent improper access to a minor or undeserving requirements for financial support.
A Paternity claim is a legal action that may be filed by a woman against a man who she believes is the biological father of her child. A paternity lawsuit is filed in order to obtain a legal determination that the defendant is indeed the father of the birth mother’s child for the purposes of seeking formal support from the man for child support, or to fight wrongful claims made by the man for visitation or custody of the minor child.
A Legitimation claim is a legal action that may be filed by a man who believes that he is the biological father of a child. A legitimation claim is filed in order to obtain a legal determination that the plaintiff is indeed the biological father and therefore should have parental and custodial rights with regard to the minor child.
If a Legitimation or Paternity lawsuit yields a positive determination regarding identification of the biological father, the father is then open to claims by the mother for child support for any normal and reasonable expenses for the upbringing of the child. The father may file a claim to assert his rights regarding visitation with, and custody of, the minor child.