05 LC 22
5745
House
Bill 287
By:
Representatives Crawford of the
127th,
Benfield of the
85th,
Ehrhart of the
36th,
and Lucas of the
139th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 19-7-22 of the Official Code of Georgia Annotated, relating
to petition for legitimation of child, notice to mother, court order, effect,
and intervention by father, so as to provide for a father to legitimate his
child by establishing paternity; to provide where petitions of legitimation
shall be filed and served; to address the issues of custody and visitation in a
legitimation action; to provide for custody of a child during the pendency of a
paternity petition; to provide for related matters; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 19-7-22 of the Official Code of Georgia Annotated, relating to petition
for legitimation of child, notice to mother, court order, effect, and
intervention by father, and inserting in its place the following:
"19-7-22.
(a)
A
Except as
provided in subsection (b) of this Code section,
a father of a child born out of wedlock
may render
the
same
his
relationship with the child legitimate by
petitioning the superior court of the county of his residence, the county of
residence of the child, or, if a petition for the adoption of the child is
pending, the county in which the adoption petition is filed for legitimation of
the child.
(b)
If the petition also seeks visitation or custody rights, the father shall file
the petition in the county of the residence of the
child́s
mother or other party having legal custody or guardianship of the child;
provided, however, that if the mother or other party having legal custody or
guardianship of the child resides outside the state or cannot, after due
diligence, be found within the state, the petition may be filed in the county of
the
fatheŕs
residence or the county of the
child́s
residence.
(b)(c)
The petition shall set forth the name, age, and sex of the child, the name of
the mother, and, if the father desires the name of the child to be changed, the
new name. If the mother is alive, she shall
have notice
of the petition for legitimation.
be named as a
party and shall be served and provided an opportunity to be heard as in other
civil actions under Chapter 11 of Title 9, the 'Georgia Civil Practice
Act.'
(c)(d)
Upon the presentation and filing of the petition, the court may pass an order
declaring the
fatheŕs
relationship with the child to be
legitimate,
and to be
capable of inheriting from the father
that the
father and child shall be capable of inheriting from each
other in the same manner as if born in
lawful wedlock and specifying the name by which the child shall be
known.
(d)(e)
A legitimation petition may be filed, pursuant to paragraph (2) of subsection
(e) of Code Section 15-11-28, in the juvenile court of the county in which a
deprivation proceeding regarding the child is pending.
(e)(f)
Except as provided by subsection
(f)(g)
of this Code section, the court shall upon notice to the mother further
establish such duty as the father may have to support the child, considering the
facts and circumstances of the
motheŕs
obligation of support and the needs of the child
as provided
under Code Section 19-6-15.
(f)(g)
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
from juvenile
court to superior court for such jury
trial.
(h)
The petition for legitimation may also include claims for visitation or custody.
If such claims are raised in the legitimation action, the court may order, in
addition to legitimation, visitation or custody based on the best interests of
the child standard. In a case involving allegations of family violence, the
provisions of paragraph (2) of subsection (a) of Code Section 19-9-1 shall also
apply.
(g)(i)
Consistent with the purpose of subsection (a) of this Code section,
and subject to
the limitations provided in Code Section
19-11-8, whenever the Department of Human
Resources petitions the superior court or other authorized trier of fact to
establish paternity, the father may intervene to petition for the legitimation
of the child born out of wedlock if the mother of the child consents to the
filing of such legitimation petition. Upon the determination of paternity or if
a voluntary acknowledgment of paternity has been made and has not been rescinded
pursuant to Code Section 19-7-46.1, the court or trier of fact as a matter of
law and pursuant to the provisions of Code Section 19-7-51 may enter an order or
decree legitimating a child born out of wedlock, provided that such is in the
best interest of the child.
Issues of
name change, visitation, and custody shall not be determined by the court until
such time as a separate petition is filed by one of the parents or by the legal
guardian of the child.
(j)
Custody of the child shall remain in the mother
unless
or until a court order is entered
addressing the issue of
custody."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.