Learn More>>Child Custody>>Children Out of Wedlock

In Georgia, over 1/2 of marriages end in divorce. Increasingly in Georgia, couples choose to have children out of wedlock and reject the formalities of the Christian "marriage". However, when children are born out of wedlock in Georgia, a father's right to custody can be affected if the child is not legitimized. For example, a father who is not married to the mother, is listed on the birth certificate, but has not been through the legitimization process, cannot take custody of his child. THis is so, even if the mother dies or becomes unfit. It is always prudent for a father to legitimize his child in Georgia as soon as possible. An example can help illustrate the importance of legitimizing in Georgia sooner than later. Mother, while drinking, is involved in an automobile accident with her child in the car. Social services takes child away from mother. Despite father being listed on the birth certificate, social services takes child into protective custody for weeks while legitimization petition moves through the court system.

The legitimization process in Georgia requires a paternity test, even if the father is listed on the birth certificate. Once there is a scientific proof of paternity, a father may make his petition for legitimization in Georgia in the superior court. Once the child is legitimized by a Georgia court, that does not entitle the father to custody of his child. Legitimization is merely a prerequisite to obtaining custody.

Once the child is legitimized, then the father can move for custody of his child if there is a basis for seeking custody of the child.