Q: Can I file a legitimation without an attorney?

A: In Georgia, it is possible to file for legitimation without an attorney. Legitimation is the legal process that establishes the legal relationship between a father and his child born out of wedlock. While having legal representation can provide guidance and ensure all necessary steps are taken, you have the option to pursue legitimation on your own.

To file for legitimation, you would typically follow these general steps:

Obtain the necessary forms: Visit the website of the Georgia courts or the Superior Court in the county where the child resides to find the required forms for legitimation. The forms may vary by county, so make sure you access the correct ones.

Fill out the forms: Complete the forms accurately and provide all required information. Be sure to include your name as it appears on the birth certificate and the name of the child.

File the forms: Once you have filled out the forms, you will need to file them with the Clerk of the Superior Court in the appropriate county. There will be a filing fee associated with the submission, so be prepared to pay that fee.

Serve the other parent: After filing the forms, you will need to serve the other parent (the mother) with a copy of the legitimation paperwork. This can typically be done through a process server or a sheriff's office. It is important to follow the specific rules for service in your county.

Attend the court hearing: After serving the other parent, a court hearing will be scheduled. You must attend this hearing to present your case and request legitimation. Be prepared to provide evidence, such as your relationship with the child and your ability to provide for them.

A: You can always represent yourself in any kind of case. However, there are a lot of things about the court system, processes, judges requirements, trial procedure, discovery, and much more that I'm sure you don't know. And there aren't forms for everything, nor are there steps to guide someone representing themselves. And those at the clerk's office can't help you with your forms because that is considered the unauthorized practice of law. Thus, I would advise you to hire an attorney. Because if you are not on child support, support will be a part of your legitimation action, and I assume you want the support order to be accurate, because you won't be able to modify it for at least 2 years, unless a material change in circumstances comes up. Just another reason why you shouldn't handle this case yourself.