INSTRUCTIONS ON LEGITIMATION Why should children … · INSTRUCTIONS ON LEGITIMATION Why should children be legitimated? ... known as a Poverty Affidavit) ... If you do not know the

INSTRUCTIONS ON LEGITIMATION

Why should children be legitimated?

The law encourages the fathers of children to legally recognize them. The legitimization

process is a way for them to do this. It gives the father and the child certain rights. Legitimization

means that a child may inherit from the father and the father may inherit from the child.

Filing a Petition for Legitimation in Superior Court

You must file your Petition in the child’s mother’s county of residence or the resident

county of the party having legal custody or guardianship of the child. However, if the mother or

the party with legal custody/guardianship lives outside Georgia or cannot, after due diligence, be

found within the state, you may file the petition in the father’s county of residence or the child’s

county of residence. The mother of the child must be named as a party, served with a copy of the

Petition, and given an opportunity to be heard.

The father has no absolute right to legitimate the child. The court will consider the best

interest of the child in determining whether legitimation should be awarded. Sometimes, a court

will deny a legitimation request if the court believes that it has been filed to harass or interfere

with the life of the mother.

What Effect Does Legitimation Have?

The court will pass an order declaring the child legitimate and capable of inheriting from

the father just as if the child had been born during a marriage. At the time of legitimation, the

judge will determine the duty of the father to support the child. Additionally, the court may order

visitation and/or custody based on the best interests of the child. The court may also change the

child’s name to that of the father. However, the court has wide discretion as to whether or not it

will do so.

YOU MAY NEED AN ATTORNEY IF:

The case becomes contested and the child’s mother has a lawyer.

You cannot find your child’s mother to serve her with your papers.

You think you will have difficulty getting information and documents from the child’s

mother.

STEPS:

1. Complete the Petition for Legitimation

2. Complete the Verification form

3. Have Respondent complete a Consent to Legitimation form if (s)he agrees to the

Legitimation

4. Make 2 copies of the forms

5. Pay the filing fee (or file a Poverty Affidavit if you cannot afford it)

6. File the forms

7. Arrange for service of the forms to the opposing party if (s)he did not sign an

Acknowledgment of Service form

8. Request and appear at the scheduling conference or hearing

PAYING THE FILING FEE:

Call or visit the website of the county’s Clerk’s Office to find out the fee for filing. You

should take cash or money orders for these amounts with you when you take your papers to file

your case. If you have a very low income, and feel that you cannot afford to pay these fees, you

can ask the Court to waive the fees. To do this, you should file the Affidavit of Indigence (also

known as a Poverty Affidavit) with the other papers when you file your action at the Clerk’s

office. A judge must sign the Order approving your Affidavit, before the filing of your case will

be completed by the Clerk’s office staff. If the judge signs the order of approval, both the filing

and service fees are waived. If the judge does not approve your Affidavit, you must pay the fees

before your case will proceed. If you are serving the Respondent by publication (because you do

not know where she or he can be found for service), there is a publication fee charged by the

newspaper that publishes the notice. Even if the judge approves your Poverty Affidavit, you may

have to pay this fee to the local newspaper. Note: If the judge approves your Poverty Affidavit,

the newspaper may waive the publication fee.

FILING YOUR CASE:

After you have completed, signed (in front of a notary, where applicable), copied and

sorted all your paperwork (and you have your filing and service fees ready, unless you are filing

a Poverty), you are ready to file your case. Take all 3 sets of forms (with the Court’s set on top),

along with your cash or money orders, to the Superior Court Clerk’s office. When it is your turn,

give all 3 sets to the clerk. Tell the clerk if you and Respondent have ever had any cases between

you in the Superior Court, so that the case can be assigned properly. If your paperwork is in

order, the clerk will keep the originals for the Court’s file. The clerk will write your case number

on the top page of your set of copies, stamp them with the date & time stamp, and return them to

you. The last number in the case number shows you which judge has been assigned to the case.

Keep these for your records. Your case has now been filed. But, do not rush out of the Clerk's

office yet. Unless you filed an Acknowledgment of Service (the opposing party must sign it), you

must also arrange for service. The second set of copies will be used for service.

ARRANGING SERVICE:

You must serve the opposing party in the following way:

If you do not know the whereabouts of the opposing party, you must serve the

Respondent by publication. You must prepare and file 3 forms: an Affidavit of Diligent Search,

Notice of Publication, and Order of Publication. In the Affidavit of Diligent Search, you will

explain what steps you took to try to find the Respondent. After you file the forms, and if the

Court grants permission, the Judge will sign an Order of Publication. The Notice of Publication

will be published in the county’s official legal newspaper four times (usually four weeks in a

row).The Notice gives the Respondent sixty (60) days to file an Answer. The Court Clerk will

also mail the Notice of Publication to Respondent’s last known address. After the Notice has

been published four times, you should receive an Affidavit of Publication from the newspaper,

stating that publication is complete. Bring this with you to the hearing. The Judge will then sign

an Order Perfecting Service.

This information is not intended to be a substitute for individual advice from an attorney.

As changes in the law occur, the information in this sheet may become outdated. You should be

sure to consult with an attorney to be sure that you are following the law correctly.

Prepared by the Atlanta Legal Aid Society, Inc.

SUPERIOR COURT OF _____________________________ COUNTY

STATE OF GEORGIA

_____________________________,

Petitioner, Civil Action

vs. Case Number ___________________________

_____________________________,

Respondent.

PETITION FOR LEGITIMATION

My name is _______________________________________, and I am representing

myself in this legitimation petition. In support of my case, I state as follows:

1. The Respondent is:

[Check only one of the following, either (a), (b), or (c).]

□ (a) the mother of my child(ren).

□ (b) the legal guardian of my child(ren).

□ (c) the legal custodian of my child(ren).

2. Jurisdiction and Venue:

[Check only one of the following, either (a), (b), (c), (d), (e), or (f).]

□ (a) The Respondent is a resident of __________________ County, Georgia.

□ (b) The Respondent is a resident of ________________County, Georgia, and I live in

_____________ County. The Respondent has acknowledged service of process and consented to

the jurisdiction and venue of this Court.

□ (c) The Respondent resides in the State of ________________ , but I am a resident of

_______________ County and my child(ren) reside(s) in Georgia.

□ (d) The Respondent resides in the State of _________________, but my child(ren) reside(s)

in _________________ County, Georgia.

□ (e) The Respondent’s whereabouts are unknown to me, but I am a resident of

_____________ County and my child(ren) reside in Georgia. I am filing my Affidavit of Due

Diligence with this Petition, and incorporate it here by reference.

□ (f) The Respondent’s whereabouts are unknown to me, but my child(ren) reside(s) in

_________________County. I am filing my Affidavit of Diligent Search with this Petition and

incorporate it here by reference.

3. Service of Process: The Respondent shall be served as provided under O.C.G.A §

9-11-4, in the following manner:

[Check only one of the following, either (a), (b), or (c).]

□ (a) The Respondent may be served by the Sheriff’s Department at the

Respondent’s residence/work address, which is:

_____________________________________________________________________________.

□ (b) The Respondent has acknowledged service of process. I am filing the Acknowledgment of

Service (which has been signed by the Respondent) with this Petition.

□ (c) The Respondent’s whereabouts are unknown to me. I am filing my Affidavit of Due

Diligence with this Petition. The Respondent shall be served by publication as provided under

O.C.G.A. § 9-11-4(e)(1) for those who cannot be found within the State of Georgia. To the best

of my knowledge, the Respondent’s last known address is:

_____________________________________________________________________________.

4. Minor Child(ren):

I am the father of minor child(ren), listed below:

Name of Child

Male/Female

Date of Birth

Lives With (Mother,

Father, Other)

The minor child(ren) was/were born out of wedlock.

5. Child(ren)’s Current Residence:

The minor child(ren) currently live(s) at _____________________________________ in

____________________ County, ____________________ with the □ Petitioner □ Respondent

□ ______________________________ . The child(ren) has/have lived at this address since

approximately ____________________.

6. Child(ren)’s Past Residences:

During the past five years, the minor child(ren) have lived at the following

addresses:

Dates at Address: Address:

____________________ _______________________________________________________

____________________ _______________________________________________________

____________________ _______________________________________________________

____________________ _______________________________________________________

7. Adults With Whom Child(ren) Has/Have Lived:

During the past five years, the child(en) have lived with the following adult(s):

Name of Person Person’s Current Address

____________________ ________________________________________________________

____________________ ________________________________________________________

____________________ ________________________________________________________

____________________ ________________________________________________________

8. Other Court Cases About Child(ren):

[Check only one of the following, either (a) or (b).]

□ (a) I have never participated as a party or a witness or in any other capacity in any other

litigation concerning the custody of or visitation with the minor child(ren) in this or any other

state.

□ (b) I have participated in other litigation concerning the custody of the minor child(ren) in

Georgia or another state. The court, case number and date of any order concerning custody or

visitation under the other litigation are as follows:

______________________________________________________________________________

_____________________________________________________________________________.

9. Other Proceedings That Could Affect Custody or Visitation in This Case:

[Check only one of the following, either (a) or (b).]

□ (a) I do not have any information of any proceeding that could affect this case, including

proceedings for enforcement and proceedings relating to family violence, protective orders,

termination of parental rights, and adoptions in this or any other state.

□ (b) I have information about a proceeding that could affect this case, including proceedings

for enforcement and proceedings relating to family violence, protective orders, termination of

parental rights, or adoptions in this or another state. The court, the case number and the nature of

the proceeding are as follows:

______________________________________________________________________________

_____________________________________________________________________________.

10. Others Claiming Custody or Visitation:

[Check only one of these, either (a) or (b).]

□ (a) I do not know of any person who is not a party to this case, who has physical custody of

the child(ren) or who claims to have custody or visitation rights with respect to the child(ren).

□ (b) I know of someone who is not a party to this case, who has physical custody of the

child(ren) or who claims to have custody or visitation rights with respect to the child(ren). The

names and present addresses of the person(s) are:

_____________________________________________________________________________.

11. I want to legitimate my relationship with the child(ren).

□ 12. I want to change the name of the child(ren) from:

________________________________ to _______________________________________

________________________________ to _______________________________________

________________________________ to _______________________________________

□ 13. I seek to have my name entered as the father on the birth record of each child.

14. Child Support:

[Check only one of these, either (a), (b), (c) or (d).]

□ (a) The Respondent has income or is capable of earning sufficient money to support the minor

child(ren).

□ (b) I have income or am capable of earning sufficient money to support the minor child(ren).

□ (c) I am not asking the Court to address this issue in this case.

□ (d) The issue of child support cannot be decided in this action because the Court does not

have personal jurisdiction over the Respondent.

15. Health Insurance for Child(ren):

[Check only one of these, either (a), (b), (c) or (d).]

□ (a) The Respondent should be ordered to maintain a policy for medical, dental and

hospitalization insurance for the minor child(ren).

□ (b) I already provide health insurance for the child(ren), and the Respondent should be

required to reimburse me for a fair share of the cost each month.


□ (d) The issue of health insurance cannot be decided in this action because the Court does not

have personal jurisdiction over the Respondent.

16. Other Medical Expenses for Child(ren):

[Check only one of these: (a), (b), (c) or (d).]

□ (a) The Respondent should be responsible for all expenses incurred for the child(ren)’s

medical, dental and hospital care, that are not covered by insurance.

□ (b) The Respondent and I should share the cost of expenses incurred for the child(ren)’s

medical, dental and hospital care, that are not covered by insurance.


□ (d) The issue of health care expenses for the child(ren) cannot be decided in this action

because the Court does not have personal jurisdiction over the Respondent.

17. Life Insurance to Support Child(ren):

[Check only one of these, either (a), (b) or (c).]

□ (a) The child(ren) depend(s) on the Respondent for support, and therefore the Respondent

should maintain a policy of insurance on the Respondent’s life, with a face amount of

$ _________ , for the benefit of the minor child(ren). The Respondent should maintain the policy

for so long as at least one of the children is a minor or is otherwise entitled to child support.

□ (b) I am not asking the Court to address this issue in this case.

□ (c) The issue of life insurance for the child(ren) cannot be decided in this action because the

Court does not have personal jurisdiction over the Respondent.

FOR THESE REASONS, I REQUEST THE FOLLOWING RELIEF:

[Check all that apply.]

□ (a) That the Court enter a Order legitimating my relationship with the child(ren) so

that the child(ren) and I will be capable of inheriting from each other in the same

manner as if the child(ren) had been born in wedlock;

□ (b) That the name of the child(ren) be changed to

________________________________,_________________________________;

________________________________;__________________________________.

□ (c) That the Department of Vital Statistics be ordered and directed to amend the birth records

of each child and reissue a birth certificate showing me as the father and changing each child’s

name as requested above;

□ (d) That child support, health insurance, medical expenses and life insurance for the support

of the child(ren) be ordered according to Paragraphs 16, 17, 18 and 19;

□ (e) That Respondent be served with notice of this Petition as provided by law;

□ (f) That a Rule Nisi be scheduled by the Court, to decide on the relief I have requested;

□ (g) That the Court order the parties to participate in mediation, to try to resolve this matter;

and

□ (h) That the Court order any and all other relief that the Court finds appropriate.

□ (i) That the Court incorporate Respondent’s signed Consent to Legitimation in the Final

Order for Legitimation.

Dated: ____________________ ______________________________________

Petitioner, Pro se (Signature)

Name: ________________________________

Address: ______________________________

______________________________

Phone: _________________________________


STATE OF GEORGIA

_____________________________,


vs. Case Number ___________________________

_____________________________,

Respondent.

VERIFICATION

My name is __________________________________. I hereby swear or affirm, before a

notary public, that I have read the following document:

_____________________________________________________________________________,

which I am filing in court with this Verification, and the facts stated in the document are true.

Dated: ____________________ ______________________________________

Petitioner Respondent,

Pro se (Check & sign)

Name: ________________________________

Address: ______________________________

______________________________

Phone: _________________________________

Subscribed and sworn before me on this ________day of ___________________, 20_____ .

_________________________________________

Notary Public

My commission expires: _____________________


STATE OF GEORGIA

_____________________________,


vs. Case Number ___________________________

_____________________________,

Respondent.

AFFIDAVIT OF DILIGENT SEARCH

I am the Petitioner in this case. I am filing this Affidavit of Diligent Search under

O.C.G.A § 9-11-4 (f)(1)(A). I hereby swear or affirm, before a notary public, that the following

information is true:

1.

A diligent search has been made, and the Respondent cannot be found within the State of

Georgia. I do not know where the Respondent lives or where the Respondent can be found.

2.

The last known address and telephone number I have for the Respondent is:

________________________________________________________________. To the best of

my knowledge, the Respondent still lived at that address as of ____________________, but no

longer lives there.

3.

I have made the following efforts to find the Respondent:

□ (a) Checking with the Respondent’s friends, relatives, employers, landlords or others I have

listed below:

(1) Name of Person Contacted: _______________________________________________

Contact’s Relationship with Respondent: _____________________________________

Contact’s Address & Phone Number: ________________________________________

Date I contacted this person: _______________________________________________

Results of Contact / What They Told Me:_____________________________________

_____________________________________________________________________.

(2) Name of Person Contacted: ________________________________________________



Date I contacted this person: ______________________________________________

Results of Contact / What They Told Me: ____________________________________





Results of Contact / What They Told Me: _____________________________________

______________________________________________________________________.





Results of Contact / What They Told Me: _____________________________________

______________________________________________________________________.

□ (b) Checking telephone information and directories, with the following results:

□ (c) Asking the sheriff to attempt service at the Respondent’s □ last known residence OR the

Respondent’s □ last known place of employment, which was at the following address:

______________________________________________________________________________

□ (d) The following other efforts, with the following results:

______________________________________________________________________________

_____________________________________________________________________________.

Subscribed and sworn before me this ______day of ________________, 20______.

_________________________________________

Notary Public

Dated: ____________________ ______________________________________

Petitioner, Pro se (Signature)

Name: ________________________________

Address: ______________________________

______________________________

Phone: _________________________________


STATE OF GEORGIA

_____________________________,


vs. Case Number ___________________________

_____________________________,

Respondent.

NOTICE OF PUBLICATION

By order for service by publication dated the _______day ________________ ,20___,

you are hereby notified that on the ______day ________________ of 20___ filed suit against

you for _________________________________.

You are required to file with the Clerk of the Superior Court, and serve upon Petitioner or

his/her attorney, ________________________________, an answer in writing within sixty (60)

days of the date of the order for publication.

WITNESS, the Honorable ____________________________________ Judge of this

Superior Court.

This the _______day of _________________________,20____.

________________________________

Deputy Clerk, Superior Court

For:


STATE OF GEORGIA

_____________________________,


vs. Case Number ___________________________

_____________________________,

Respondent. Service by Publication Dates:

_______________________________________

Name of Party to be Served: _______________________________________

______________________________ _______________________________________

ORDER OF PUBLICATION

It appearing by Affidavit, that the above named respondent on whom service is to be

made in this case resides out of the State or has departed from the State, or cannot after due

diligence, be found within the State or conceals him/herself to avoid service of the Summons,

and it further appearing, either by Affidavit or by verified Complaint on file, that a claim exists

against the Respondent in respect to whom service is to be made, and that he/she is a necessary

or proper party to the action.

It is HEREBY CONSIDERED, ORDERED AND DECREED THAT: Service be made

by publication as provided by law.

So ordered this _______day of _________________________, 20____.

________________________________

Judge, Superior Court

______________ County, Georgia

RETURN OF SERVICE

I hereby certify that a Notice in the manner and form prescribed in the foregoing Order

was published, and I have enclosed, directed, stamped, and mailed a copy of said Notice together

with a copy of the Order for Service by Publication and Petition to the above named Respondent.

This the _____ day of _____________________, 20____.

________________________________


For:

ORDER PERFECTING SERVICE

It appearing to the Court that Service upon the above named party has been perfected by

publication of notice on the above stated dates in the legal organ of this County, and by

enclosing, directing, stamping, and mailing a copy of the notice together with a copy of the order

for Publication and the Petition to said Respondent at his/her last known address.

IT IS HEREBY ORDERED that said service by publication be, and is approved.

________________________________

Judge, Superior Court

______________ County, Georgia

PUBLICATION DATES OK: This the _____ day of _______________________, 20____.

________________________________


Documents

INSTRUCTIONS ON LEGITIMATION Why should children … · INSTRUCTIONS ON LEGITIMATION Why should children be legitimated? ... known as a Poverty Affidavit) ... If you do not know the