19-7-22.
(a) A father of a child born out of wedlock may render the same legitimate by petitioning the superior court of the county of his residence, the county of residence of the child, or, if a petition for the adoption of the child is pending, the county in which the adoption petition is filed for legitimation of the child. Ok.. he has the right to petition to establish paternity....that was already said. In fact the OP said they knew they had to establish paternity.. not sure your arguement here.
(b) The petition shall set forth 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. If the mother is alive, she shall have notice of the petition for legitimation.
(c) Upon the presentation and filing of the petition, the court may pass an order declaring the child to be legitimate and to be capable of inheriting from the father in the same manner as if born in lawful wedlock and specifying the name by which the child shall be known. again the case would have to be filed to legitimize the child before the child has rights to the father and vice versa
(d) A legitimation petition may be filed, pursuant to paragraphLIGITIMATION MUST be filed!! (2) of subsection (e) of Code Section 15-11-28, in the juvenile court of the county in which a deprivation proceeding regarding the child is pending.
(e) Except as provided by subsection (f) of this Code section, the court shall upon notice to the mother further establish such duty as the father may have to support the child, considering the facts and circumstances of the mother´s obligation of support and the needs of the child.
(f) After a petition for legitimation is granted, if a demand for a jury trial as to support has been properly filed by either parent, then the case shall be transferred to superior court for such jury trial. again, after LEGITIMATION HAS BEEN GRANTED.. must be filed for before it's granted
(g) Consistent with the purpose of subsection (a) of this Code section, whenever the Department of Human Resources petitions the superior court or other authorized trier of fact to establish paternity, the father may intervene to petition for the legitimation of the child born out of wedlock if the mother of the child consents to the filing of such legitimation petition. Upon the determination of paternity or if a voluntary acknowledgment of paternity has been made and has not been rescinded pursuant to Code Section 19-7-46.1, the court or trier of fact as a matter of law and pursuant to the provisions of Code Section 19-7-51 may enter an order or decree legitimating a child born out of wedlock, provided that such is in the best interest of the child. Issues of name change, visitation, and custody shall not be determined by the court until such time as a separate petition is filed by one of the parents or by the legal guardian of the child. Custody of the child shall remain in the mother until a court order is entered addressing the issue of custody.Do you see this? Mother has custody of child until it's addressed.. it's not addressed until paternity is established!
Like BB I'm about tired of this crap. I have to say I didn't see much problems out of you until you start giving out WRONG advice. This is a legal site and if you continue to give out illegal advice you're risking people taking that advice and doing ILLEGAL things which is TOTALLY against what this site is about. FIrst you need to actually LEARN the law... and then you need to make sure you understand it and follow it. AND yes this means knowing your place and staying in it!!
In once sentence you're telling the OP to go file custody and then you throw out this code that is about establishing paternity... UM.. HELLO.. figure out what BAD advice you're going to give out
