Legal Question in Family Law in Georgia

GA does not recognize same-sex unions and very few Judges in GA will grant your request

1.) THE FATHER:

If you were not married to the biological father at the time of the birth of your son, the father has no legal rights to the child in Georgia unless he has gone to court and received an order of legitimation. If the biological father has no legal rights to the child, you do not need his consent to do anything with regard to your son.

2.) HAVE A WILL PREPARED:

I would recommend that you hire a Georgia estates and trusts attorney to prepare a will and help you properly execute it. In the will, you can state your preference that your son go to the care of one or both of the other women. I would recommend discussing the pros and cons of leaving the child to one person versus two people with your attorney. You can also set up a trust for the benefit of your son listing the women as co-trustees if you want. There's a lot of things you can do estate-planning wise to take care of those you love after you are gone.

3.) I am unaware of any legal vehicle that you can currently use in Georgia to give the other women current/present custody rights. For instance, in order for the other women to adopt, you would have to relinquish your parental rights, something I'm pretty sure you don't want to do. Until the State of Georgia recognizes same sex marriages, civil unions, and/or the like, you will have to assume sole/primary custody of your son.

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

The bio-dad does have a duty to pay support that you cannot erase, but his rights as a parent, absent legitimization, are minimal.

There is no device you can use in Georgia to give the other women rights now without losing your own, but I have a couple suggestions:

(1) A well-written will can designate a guardian.

(2) The bio-dad can sign paperwork that indicates his agreement with your choices.

You can also do several smaller things depending on facts I don't have which also may help. Feel free to call me for a consultation in my office about these choices and paperwork.