Anatomy of a Georgia Petition to Legitimate

Legitimation is sadly a complicated and sticky process though it doesn't have to be. Part of the issue is lack of knowledge and understanding about how the petition is filed and what all the paperwork means for both parents. Having recently read through a petition concerning my child, here are a few things to consider.

For some reason, many fathers do not choose to legitimate in the hospital by signing the voluntary acknowledgment form. In these cases, a father must either send a mutually agreeable petition through his lawyer or present the case before a judge and possibly a jury if the mother does not agree with the requests in the petition which may include but are not necessarily limited to changing the child's last name, custody, visitation, and child support.

When prior to sending or upon receiving the legitimation documents in the mail, they should be reviewed thoroughly for accuracy. These are the main items one can expect to find:

• Acknowledgment of Service
• Consent to Trial (if his lawyer is nice)
• Petition to Legitimate
• Custody Affidavit
• Copy of Summons filed with court clerk
• Sworn Statement
• Child Support Worksheets (if child support is part of the legitimation petition)

Acknowledgment of Service

The first thing one should know is that the ONLY document that can be sent back is the Acknowledgment of Service. The second important fact is that it doesn't have to be sent back. If the mother does not agree with the terms outlined in the Petition to Legitimate or want to contest custody, child support, etc., then she SHOULD NOT sign and return that form. It is not just an acknowledgment that the petition and all accompanying paperwork were served by the lawyer and the child's father. It is also an acknowledgment that the mother accepts the documents as is and forfeits her right to be informed or receive notice about any future developments in the child's legitimation case including court hearings. Once that form has been signed, the mother will most likely not be summoned to court or notified about anything else beyond this point.

If the mother does not wish to waive her right to be informed and summoned to future court hearings and therefore does not return the acknowledgment, the father's attorney will then serve the papers via the sheriff's department or some other officiating officer. This should not be seen as a negative thing. Service by the sheriff gives an official date of service after which the mother has 30 days to respond by either returning the signed acknowledgment or filing an answer to the petition in which the points of dispute are addressed.

Consent to Trial

Because of the nature of the acknowledgment form, a nice lawyer will include a consent to trial form which gives the mother the opportunity to attend the hearing should she and the child's father be unable to agree so that she does not have to waive her rights by returning the acknowledgment. It saves time since there is no to wait for service by the sheriff in order to file an answer in response to the petition.

Petition to Legitimate

The petition should address the fact that the mother and the father were never married, not married at any time during and after the child's conception, and/or have no plans to marry and express the father's desire to legitimate since the fathers of children born out of wedlock in Georgia have no legal rights as parents. The child's father may ask to change the child's last name. The petition may ask for a legal and physical custody. Legal custody is the right to participate in parenting decisions and have access to records such as school and medical records. Physical custody dictates with whom the child lives. In lieu of joint physical custody, the petitioner may also request visitation. If child support is part of the legitimation case, the petition may give a specific amount desired to be payed or request a method of calculating the child support requirement.

Custody Affidavit

This document simply lists the addresses where the child has resided during the past 5 years and the persons with him the child has lived and their current addresses.

Summons

This is a copy of the summons form filed at the court house and is not an actual court summons. Therefore the date to appear in court should be blank. In the event that the mother is needed for a court date, the actual form will be completed and sent to by the court clerk.

Sworn Statement

This is a copy of the statement signed by the child's father that all the information in the documents filed at the court house are accurate and true to their knowledge.

Child Support Worksheets

If child support is part of the petition, these are the worksheets stating the father's income and expenses including money spent on the child and visitation travel. There may be an imputed income for the mother if her information is unknown at the time of filing. Imputed income is amount that can be earned working full-time for minimum wage.