Legal Question in Family Law in Georgia

I am a soon to be mother and my ex-boyfriend wants get get custody of the child, what are my rights as a mother and does he have any rights?


Asked on 10/14/10, 9:49 am

1 Answer from Attorneys

Phillip M. Cook Cook Legal Services, LLC

In Georgia, a male there are only 3 ways a male can obtain parental rights over a child:

1.) If the man is married to the biological mother at the time of birth;

2.) If the man goes through a court process called "legitimation"; or

3.) If the man adopts the child.

IT DOES NOT MATTER IN GEORGIA IF THE FATHER SIGNS THE BIRTH CERTIFICATE.

If the father goes to Court to legitimize, he will have parental rights to the child. Whether those parental rights result in custody and/or visitation of the child is up to the Court and will be decided based on a "what is in the best interest of the child" standard. If the father legitimizes, you will be able to collect child support from him.

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

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Answered on 10/19/10, 10:20 am


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