Child Attorney Trial Notebook for Deprivation Cases in Georgia’s Juvenile Courts

Mary Hermann
Child Attorney
Consultant
Carl Vinson Institute of Government

For print copies, please contact the Supreme Court of Georgia's Committee on Justice for Children
www.gajusticeforchildren.org
Phone: 404.657.9219

Legitimation

Authority	19-7-22, 15-11-28(e) Significant changes to 19-7-22 effective 7-1-05
	Purpose	Create legal relationship between child and birth father Expands paternal resources for child Change child's name
	Jurisdiction 15-11-28(e)
		"Pending" deprivation in juvenile court, open case Concurrent jurisdiction with superior court
	Venue	County of residence of mother, venue can be waived Holmes v. Traweek, 276 Ga 296 (2003) or county of residence of the person having legal custody or guardianship of the child
	Pleading	Petition to Legitimate
	Parties	Mother, Father, Child, DFACS
	Notice	To mother, Pending deprivation so argument may be made for child advocate attorney & DFACS
	Standard of Proof	Has father abandoned his "opportunity interest" to develop a familial relationship with child? If No, father has NOT abandoned his opportunity interest & father has established a familial bond then best interest of child standard If Yes, father has abandoned his opportunity interest & father has NOT established a familial bond then fitness to parent In Re: Baby Girl Eason, 257 Ga 292 (1987) Lebrect v. Davis, 243 Ga App 307 (2000)
	Order	Should state which standard was used and contain findings of fact & conclusions of law to support the legitimation decision, Jones v. Smith, 250 ga app 486 (2001)
	Objections	Mother can file Child Attorney -- maybe
	Decision Points	Has father abandoned opportunity interest? Is legitimation in child's best interest? If older child, discuss name change issue DNA test, always a good idea

Practice Points

may be unnecessary if there is a prior paternity determination, but name change may still be an issue which legitimation can cure
following legitimation father must go to Vital Statistics & get new birth certificate with name change & his name added
legitimation does not change child custody
DFACS may have information if mother has ever named someone else as the father

Administrative Legitimation

Effective 7-1-05, (OCGA 19-7-22); a birth father may administratively legitimate his child when establishing paternity through the hospital voluntary acknowledgement program at the time of the child's birth or later at a child support office where the statement contains express language indicating voluntary acknowledgement by both the mother and the father. Despite the changes in the law, some questions remain as to name change of the child to reflect the legitimation and whether an "administrative legitimation" provides the birth father & child with all legal rights included in a separate legitimation petition & Court Order.

15-11-28. (e) Jurisdiction of juvenile court.

(e) Concurrent jurisdiction as to legitimation petitions.

(1) The juvenile court shall have concurrent jurisdiction to hear any legitimation petition transferred to the juvenile court by proper order of the superior court.

(2) The juvenile court shall have jurisdiction to hear any legitimation petition filed pursuant to Code Section 19-7-22 as to a child with respect to whom a deprivation proceeding is pending in the juvenile court at the time the legitimation petition is filed.

(3) Notwithstanding the provisions of paragraphs (1) and (2) of this subsection, 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.

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GACC is an affiliate of the National Association of Counsel for Children	GACC Jane Okrasinski Executive Director Email: jane@gaccchildlaw.org