Legal Question in Family Law in Georgia

If a father of a child was never married to the mother and if that father has not taken steps to legitimate the relationship with that child through a court process called legitimation, that father has no legal rights and the mother is the only parent entitled to custody of the child until those steps are taken. The father under those circumstances who has taken the child might be guilty of a crime and the mother might wish to discuss the facts with the police in her jurisdiction to see if they feel a crime has occurred and if so take appropriate actions.

If the father has never legitimized the child, then he is guilty of kidnapping. She should call the police and he will likely go to jail.

If he has legitimized the child, the answer depends on the custody order.