Legal Question in Family Law in Georgia

Who has custody of a child when the parents were never married and the father's name is not on the birth certificate?


Asked on 10/05/10, 9:47 am

3 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

In Georgia, there are 2 ways that a male gets parental rights over his biological child:

1.) If the father is married to the biological mother at the time of birth of the child; or

2.) If the father goes through a court process and through court order becomes "legitimized."

Parental rights do NOT arise in Georgia by signing the birth certificate.

Best of luck.*******The above is for informational purposes only and does not create an attorney-client privilege.********

Read more
Answered on 10/10/10, 10:00 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Phillips answer (part two) is incomplete.

The mother has full custody in that situation unless the father legitimizes the child. Even if he does, the mother has custody unless the court also awards him custody.

Read more
Answered on 10/10/10, 10:21 am
Ralph Villani VILLANI LAW FIRM

Phillip and Glen are both correct

A biological father has NO custody rights until and unless he files for legitimation, and the Court grants it and THEN he files a separate action to obtan visitation or custody

Find a good family law attorney in the Savannah area IMMEDIATELY !!

Good luck.

The above is for informational purposes only, it is NOT legal advice and it does not create an attorney-client privilege you MUST retain your own attorney for such advice or assistance in these matters.

Read more
Answered on 10/11/10, 5:49 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Georgia