Divorce Legitimation

Legitimation is a legal process one must go through in order to be established as the father of a child if he is not married to the mother. To establish his legal rights to the child, the father must file a petition to make his relationship legitimate.

Obtaining an order of legitimation is an important step in creating a legal relationship between the petitioner and the child. After the order is issued, the father may then be listed on the child’s birth certificate. This order allows the child to inherit property from his legal father. In many states, an order of legitimation is required to be recognized as the legal father if the child is conceived out of wedlock.

In cases where the father desires child custody or visitation, an order of legitimation must be obtained first. After the child has been legitimated, the father may then file for custody; however, if the mother is deceased and there is no other legal guardian, this is unnecessary. Even if the father is listed on the birth certificate, he must still file a legitimation petition if he and the mother were not married.

To file the petition for legitimation, the father must go to the courthouse in his county of residence, or the child’s county of residence. If the father is requesting custody, the mother must consent and he must file the legitimation petition in her county of residence. In some cases, the mother may consent and waive jurisdiction, allowing the father to file the custody case in his county.

The length of time to have the order of legitimation varies based on the circumstances. If custody is not being requested, the judge may sign the order for legitimation the same day it is filed. If there is another father listed on the birth certificate, he and the mother may be served by publication, which can last up to 60 days. If the sheriff must serve the listed father and mother, the case is entered into the judge’s calendar. If custody is requested, the order of legitimation must be signed first before the father may file for custody.

If you have questions about legitimation in your state, it is important to contact an experienced family law attorney. Your attorney will work with you to ensure your paperwork is filed properly and all steps are taken in order to make your relationship with your child legitimate.