Legitimation And Power Process

Summary

An incarcerated father in Georgia can file for legitimation to establish legal rights to his child. Once legitimated, he can grant power of attorney to a family member for specific responsibilities, such as facilitating visits. The process involves filing a petition with the Superior Court and providing proof of paternity, which can include a DNA test or affidavits.

Full Conversation

My brother is incarcerated and his childs mother won't allow him to see or talk to their child can he file a petition for legitimation of his child and give the power of attorney to a family member over his child in his place until he gets out?
Yes, your brother can file a petition for legitimation in Georgia. Once he is legally recognized as the child's father, he can then seek to appoint a family member as a guardian or give them power of attorney.
A few points to consider:
- Legitimation establishes legal rights as the father.
- Power of attorney can be granted for specific responsibilities.
- Guardianship may require court approval.
Is your brother currently married to the child's mother?
No he is not she recently got engaged to someone else
Since your brother is not married to the child's mother, he can proceed with filing the petition for legitimation. Here are the key points:
- Legitimation: Establishes your brother's legal rights as the father.
- Power of Attorney: Allows him to grant specific responsibilities to a family member.
- Guardianship: May require court approval.
Would you like more information on how to start this process?
Yes. Also though the mother of his child has custody power of attorney to a family member can still be done so they could maybe take the child to visit her father?
Case Rating: *
Yes, even though the mother has custody, your brother can still grant power of attorney to a family member for specific purposes, like taking the child to visit him. Here are the key points:
- Legitimation: Establishes your brother's legal rights.
- Power of Attorney: Allows specific responsibilities to be granted.

Would you like more detailed steps on how to begin this process?
Yes
Case Rating: *
To begin the process for legitimation and granting power of attorney:
*. Legitimation:
- File a Petition for Legitimation with the Superior Court in the county where the mother resides.
- Include information about your brother's paternity and relationship with the child.
*. Power of Attorney:
- Once legitimation is granted, your brother can draft a power of attorney document specifying the responsibilities granted to the family member.
- Ensure the document is notarized and legally binding.
Would you like help finding legal forms or additional guidance on this process?
What if the child was born while the father is incarcerated?
Case Rating: *
If the child was born while the father is incarcerated, the steps to legitimize the child and grant power of attorney remain the same. Here are the steps:
- Legitimation: File a Petition for Legitimation with the Superior Court in the county where the mother resides, including proof of paternity.
- Power of Attorney: Once legitimation is granted, draft a power of attorney document specifying the responsibilities granted to the family member, ensuring it is notarized.
Would you like help finding legal forms or additional guidance on this process?
Yes please he is in trion Georgia
Case Rating: *
Great, here are the next steps:
Legitimation:
- File a Petition for Legitimation with the Superior Court in Chattooga County (where Trion is located).
- Include proof of paternity and relationship with the child.
Power of Attorney:
- Once legitimation is granted, draft a power of attorney document specifying the responsibilities granted to the family member.
- Ensure the document is notarized and legally binding.
Would you like more detailed information on locating the necessary forms or further assistance with the process?
Yes please
Case Rating: *
To assist further, here are some next steps:
*. Petition for Legitimation:
- File the petition with the Superior Court in Chattooga County.
- Include proof of paternity and relationship with the child.
*. Power of Attorney:
- Once legitimation is granted, draft a power of attorney document specifying the responsibilities.
- Ensure the document is notarized.
Would you like detailed guidance on locating the necessary legal forms?
How do he include proof of paternity and relationship with the child if the child was born while he's been incarcerated and didn't get to sign the child's birth certificate?
Case Rating: *
To include proof of paternity and relationship with the child while incarcerated, your brother can:
- Request a DNA test to establish paternity.
- Provide letters, photos, or other evidence of communication with the child's mother.
- Obtain affidavits from family members or friends confirming the relationship.
Would you like more information on how to request a DNA test or gather affidavits?