In Georgia, a child born out of wedlock is considered the biological child of both his mother and father, but only the mother is immediately considered to be the “legal parent.” Thus, the motheris the only parent with “parental control” over the child. OCGA §19-7-25. In situations such as this, the father may desire to render his relationship with the child legitimate or legal.To do so, the father must file a petition for legitimation in the county of residence of the child’s mother (or other party having custody or guardianship of the child). OCGA§19-7-22(a). If the mother resides outside of Georgia, or cannot be found in Georgia, the petition should be filed in the county of the father’s residence. Id. The petition mustinclude “the name, age, and sex of the child, the name of the mother, and, if the father desires the name of the child to be changed, the new name.” OCGA §19-7-22(b). The mother must benamed as a party and must be served with the petition so that she may have the opportunity to contest the legitimation if she chooses to do so. Id. For example, the mother may presentevidence that the father is not the child’s biological father, or may present evidence that he is an unfit parent and the legitimation would not be in the child’s best interest.
Petitions for legitimation may also include claims for visitation, parenting time, and/or custody, which the court may order based upon the best interests of the child standard. OCGA§19-7-22(f.1). In addition, it is important to keep in mind that if the legitimation petition is granted, the court is required to establish a duty of the father to support the child inaccordance with the Georgia child support guidelines. OCGA §19-7-22(e).