Legal Question in Family Law in Georgia

Custody of illegitimate child

I had a child in Georgia. The father was present and we currently reside in Florida together but are unmarried. I recently found out information which has made me decide to leave the baby's father. Can I just leave with my baby and go live in Georgia? What are the father's rights and what do I need to do in order to have sole custody of my child?

Thank you for your help.


Asked on 2/26/02, 1:30 pm

1 Answer from Attorneys
Eric Ballinger Ballinger & Associates

Re: Custody of illegitimate child

If you and the father of the child were not married at the time the child was either concieved or born in Georgia; and the father has never been to court to formally legitmate the child, he has no standing to request custody of the child. Once he does formally legitmate the child through the court, he then can file a complaint to ask the court for custody, if he can prove taht he is the better parent. Note, just signing the birth certificate does not give him any rights to custody of the child. He must go to court and legitmate to even have the right to ask the court for custody.

Read more
Answered on 2/26/02, 2:45 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Georgia