Legitimation Under GA Law

Under GA law, children born to unmarried parents are considered illegitimate.  OCGA 19-7-25 provides that only the mother is entitled to custody of an illegitimate child.  Fathers of illegitimate children have no rights until the child is legitimated.

Generally, the best way to handle such a situation is for the father to file an action to legitimate the child and establish custodial rights by court order.  This case must be filed in the mother’s county of residence.  The father must show that he has not abandoned his opportunity interest to develop a relationship with the minor child and then that he is either fit parent or that legitimation is in the best interest of the child.  Only after legitimating the child is the court then permitted to consider the parents’ respective custodial rights.

You should always seek the advice and counsel of an experienced family law attorney if you are involved in a legitimation/custody case.  An experienced attorney can assist you in examining your legal options and evaluating your case.  Our firm has experienced family law attorneys who can help you with your case.  Don’t make the mistake of proceeding without an attorney.  Your future relationship with your child could be at stake.