Season 5 Episode 4 - Georgia What Is Legitimation?

GEORGIA - What Is Legitimation?

Legitimacy means - If the man is not married to the mother, then has to legally recognize his child by the Court process of the legitimacy process and to then recognize the child as his.

The Courts have exclusive right to award custody to the mother when the couple is unmarried.
Also, the Courts- have exclusive right to award change of custody; this is true whether legal custodian lives in another state or in another county, and irrespective of physical presence of child.

Proceeding to change decree of custody may not be brought against custodial parent by noncustodial parent in county in which noncustodial parent resides.

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Transcript

Georgia What Is Legitimation?

Email: Chrish289@proton.me
            (c)Copyright, 2021-2030
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Introduction:
what is legitimacy as it relates to child support in the state of georgia that was my question when i researched this topic legitimacy well in this episode we're going to explore that and also any remedies as well so in the state of georgia when it comes to child support legitimacy refers to if a man is not married to the mother then he has to legally recognize his child by an order of the court and only then he can recognize the child as his that's correct when i looked up the definition of legitimacy this is how it relates a man who's not married to the mother cannot recognize his his child unless an order of the court so it goes on to say even if the father have a signed a child's birth certificate and has his last name b the court order for

 support by enforcement proceedings the father still has no legal right yes has no legal right so in essence legitimacy says unless you're married the father has no legitimate claim to the child as well as the mother is in absolute control the father has no right to parent to decide education to select medical needs or to choose even the activities of the child it's almost as if the father is faceless other than providing money to the child the father does not exist i've said this often on this channel 45 cfr 264 0.30 which says that the state shall enroll all participants individuals for whom paternity and child support needs to be established this

 coincides with the definition of legitimacy in georgia as well as in other states so here's a problem and hopefully you'll know this by now the 14th amendment says that no state shall make and force any laws that shall abridge the privileges or immunities of citizen and no state shall deny a person equal access or equal protection doesn't that legitimacy law violates the 14th amendment so let's continue i did a video called georgia unconstitutional that also includes independent workers 1099 workers who do not pay child support

hello my name is chris and in this session we're going to explore this unconstitutional practice which is called legitimacy in the state of georgia but also this legitimacy claim is in many other states right now let's just look specifically at the state of georgia

this year we are introducing what's called financial education we as many of you men who are on child support you're struggling with your finances and we thought that while we assist you with education on removing you from the child support program we can also provide tips and strategies regarding your finances and again you should do your own research but we can at least lead you towards managing your finances and one of them is to improve your credit report yes child support should not be on your credit report and there are steps you can take to remove it from your credit score please review these videos that's on the screen child support as well as improve your finances

here on this channel we do a lot of research again we're researching the legitimacy but for that we ask for a donation we will take a five dollar cash app if that's all you can spare but we ask for a 25 gift or donation again just to help us in our efforts uh to bring you more research you can listen to us on your favorite podcast uh many of our broadcast is over on spotify apple and amazon and any of your local and favorite podcasts so let's get back to georgia 45 cfr 32 which is administrative wage garment garnishment numbers for the state of georgia since 2015 to 2019 it's been very consistent it's a about a little over you know 0.7 billion dollars all the way through um so it's been steady it's been consistent no changes there georgia ranked

 10th on the list of top 10 uh what is called revenues for child support we produced a video called the five bad actors which is five states cashing your payments and georgia is number 10. so let's look at the last census that was conducted it says that the state of georgia has 3.9 million people and there's about 45 hundred people i mean 4500 000 people that are on acknowledging paternity that is in terms of legitimacy we are referring to these folks those that are unmarried

so here's the statute it's found under title 19 chapter 7 article 2 legitimacy yes when i first heard the term i was saying wait a minute does this really exist yes it does and here are the details and the circumstances within the georgia family code article 2. so let's start off with how do you conduct the legitimacy practice again is for fathers who are not married to the mother and who want to i guess by the state standard quote unquote recognize your own child you have to file an action in the superior court of the state of georgia and you in this case is the plaintiff by now you should know that in child support cases in enforcement cases you are usually defendant but in this case you are the plaintiff do you know why you're the

 plaintiff well let's get into it you have a right to defend yourself from anyone as well as you have a right to file your lawsuit against child support or any court and the case law i like to use is howlit versus rose it says that a plaintiff can sue in federal or state court because federal court has concurrent jurisdiction

so why do you have to file your legitimacy claim in the superior court well you should know that there are two types of courts there's article 1 and article 3. article 1 jurisdiction is not part of the judiciary power which is defined in article 3 of the constitution chief justice marcher wrote in court that these courts they're not constitutional courts and they're subject to review that's northern pipeline construction versus marathon pipeline so why is this significant you have to file as a plaintiff in superior court but in child support you are the defendant so in essence you are in the driver's seat when you file a legitimacy action so now that you know that you're in the driver's seat you now need to understand your constitutional right first the first amendment you have a right to petition the court that's what the legitimacy says you have a right to petition the court and therefore you petition the court as a plaintiff now within the guidelines of legitimacy i found a few key things but one of them i will highlight here again if you want to download the the full complete statute you can read it but here it

 says that the mother's consent and the mother has to agree to all parts of it a b c d and e and take a look at e it says the mother is opposing the legitimation of the said child or children as i said when i was researching this you have the father have no rights to your children the mother is in the driver's seat and this specifically state the mother is in the driver's seat okay so you need to be aware of that when you complete this form next you're the plaintiff you need to add what is called an affidavit and it is required under georgia law

19-7-43 section d that is in your motion for legitimacy you must file an affidavit why is that important many of you who may have signed this form or you're going to sign the form to legitimize your child or again give you access to the child you must put an affidavit in here's the catch if you do not know how to write the proper affidavit well what's the problem what's the mistake let's go into that even further i have a course on my learning channel and we'll talk about that later where it says how to write a powerful and effective affidavit yes during the

 legitimacy uh process you have to write an affidavit it is a requirement here's the question do you know how to write an affidavit do you understand the components of an affidavit how about this what if you don't write the proper affidavit what are the repercussions what's the remedy these are all the questions that you need to have before you start this legitimacy process again how to write a powerful effective affidavit is on our learning management

so here's the possibility of the risks okay if you do not write that proper affidavit you could lose out on the education decisions regarding education for your child how about school activities after school program and sports whether the child goes away for sports or other sports in the county next visitation whether weekly monthly visitation vacations holidays do you know how to successfully place that into your affidavit now let's on a more serious note what about medical prescriptions serious illnesses as you know children get bruises from time to time they get the cold cold and since we're now coming out of the cove in 19 global pandemic were you able to make decisions are you able to anticipate the decisions you need to make in the future what if you had signed a legitimacy and you did not anticipate which nobody did covet was that included was that provision included in your affidavit

so there are a lot of things that goes on with this legitimacy hearing and as i said when i first researched it i was not sure what it was in fact it sounded crazy but it's not crazy it is part of the statute in the state of georgia as it relates to child support that is child supports a separate function and legitimacy is another function within georgia and for that anyone who needs further details of my research you'd have to schedule a consultation this is not something i could place in this broadcast regarding legitimacy it's too long it's too involved as well as what are the pitfalls and remedy you need to include in your affidavit so if you want to learn how to write an effective affidavit we have it on our master class our master class is located on the internet at childsupport.newsendler.com

where you'll find various courses to learn how to defeat the child support program one of the other programs we have on there is to remove child support from your credit report yes you should take the necessary steps to remove child support from your credit report it does not belong there you're ruining your credit you're ruining your purchasing power plus you're having a lower credit score as a result of child support so here we are at the end of this

 presentation as i said legitimacy what that meant for georgia and other states who've implemented it i wasn't sure but as i looked into it further i found out that there are many pitfalls when the most pitfall is this you as the father have no rights to your child if you're not married and therefore the mother is in complete control this is the end of our presentation and thanks please review some of the other videos on this page there are links directly to those videos have a great day