Sometimes parties who have children together choose not to get married. Under such circumstances, there are two ways that parties may outline their parental rights and obligations with regard to children who are born out of wedlock. The first method is a court action that is known as legitimation action, and the second way is a court action that is known as a paternity action. A legitimation action is an action that the father of a child who is born out of wedlock may file in order to obtain a legal determination that the child belongs to the father. Such a determination by a court allows the father to have parental and custodial rights with regard to the child.

Even where a father does not legitimate his child, he is still obligated to support the child. If the father refuses to pay child support, a mother may file a paternity action against the father seeking child support from him. Where the parties do not agree to paternity, the court could require a determination that the father is in fact the biological parent of the child through a DNA test.

Issues that are common in a divorce proceeding, such as custody, visitation, and child support, are also applicable in a legitimation or paternity action. Courts look at what the best interests of the children are when deciding custody, child support, and visitation. The parties involved should also remember the best interests of the children when preparing settlement agreements. If you have any questions about paternity or legitimation actions, please call The Law Offices of Betty Nguyen Davis at (404) 593-2620 for a free consultation with an attorney.