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    ihave2babies's Avatar
    ihave2babies Posts: 3, Reputation: 1
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    #1

    May 31, 2010, 10:29 AM
    Is my child legitimized?
    My sons father is on the birth certificate, does that mean he is legitimized? We were not married and we live in GA. Thanks
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    May 31, 2010, 10:42 AM

    Legit means the parents are married at the time of the birth. At least your child has his father's name on his birth certificate.
    ihave2babies's Avatar
    ihave2babies Posts: 3, Reputation: 1
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    #3

    May 31, 2010, 10:46 AM

    We are still together and married now, we married half a month after he was born. So I do need to get him legitimized?
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #4

    May 31, 2010, 11:04 AM

    In that case he IS legit now that you two are married.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    May 31, 2010, 02:11 PM

    Has there been an issue ? The term is somewhat unused today unless you are talking about child custody or child support normally
    ihave2babies's Avatar
    ihave2babies Posts: 3, Reputation: 1
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    #6

    May 31, 2010, 03:12 PM

    No, no issue, but in the case that something happened to me, and the sorry piece of mess that impregnated me, he could possibly try to take my son from his DADDY... Just trying to make sure he couldn't do that...
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #7

    May 31, 2010, 03:15 PM

    In the state of Georgia a paternity suit may be filed at any time and if someone is proven to be the biological father that means he is the legal father and may get custody/visitation rights. Your marital status and the child's BC have no legal merits.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #8

    May 31, 2010, 03:17 PM
    Quote Originally Posted by ihave2babies View Post
    Just trying to make sure he couldnt do that...
    No, he can do it in Georgia.From now to child's 18 birthday.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #9

    May 31, 2010, 09:08 PM
    Quote Originally Posted by ihave2babies View Post
    We are still together and married now, we married half a month after he was born. So I do need to get him legitimized?
    Quote Originally Posted by ihave2babies View Post
    No, no issue, but in the case that something happened to me, and the sorry piece of mess that impregnated me, he could possibly try to take my son from his DADDY... Just trying to make sure he couldn't do that...
    You're confusing me. Are you saying that you married your husband after the child was born, but the biological father is someone other than you husband?

    This section of the Georgia Code may be helpful:
    § 19-7-20. What children are legitimate; disproving legitimacy; legitimation by marriage of parents and recognition of child

    (a) All children born in wedlock or within the usual period of gestation thereafter are legitimate.

    (b) The legitimacy of a child born as described in subsection (a) of this Code section may be disputed. Where possibility of access exists, the strong presumption is in favor of legitimacy and the proof must be clear to establish the contrary. If pregnancy existed at the time of the marriage and a divorce is sought and obtained on that ground, the child, although born in wedlock, will not be legitimate.

    (c) The marriage of the mother and reputed father of a child born out of wedlock and the recognition by the father of the child as his shall render the child legitimate; in such case the child shall immediately take the surname of his father.
    LexisNexis® Custom Solution: Georgia Code Research Tool
    LisaMichelle41's Avatar
    LisaMichelle41 Posts: 1, Reputation: 1
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    #10

    Sep 23, 2012, 10:11 PM
    My son signed his sons birth certificate... But the mother would not allow the baby to have my sons last name... She is telling my son that the baby is legitimatized because he signed the birth certificate... From what I read that is not true... Being that they weren't married the baby is not legitimate... Am I wrong or right? Also, I am wondering if he can be made to pay child support if he hasn't had his son legitimatized? Thanks..
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #11

    Sep 24, 2012, 07:40 AM
    Quote Originally Posted by LisaMichelle41 View Post
    My son signed his sons birth certificate...But the mother would not allow the baby to have my sons last name...She is telling my son that the baby is legitimatized because he signed the birth certificate...From what I read that is not true...Being that they weren't married the baby is not legitimate...Am I wrong or right? Also, I am wondering if he can be made to pay child support if he hasn't had his son legitimatized? Thanks..
    You should really start a new thread for a new question. It would depend on the law of whichever state or country in which your grandson was born, but in general, you are correct and the mother is incorrect: if they were not married at the time of birth your grandson is illegitimate.

    But that would not have any particular legal consequence in most places today.

    Yes, he can be required to pay child support.

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