Legal Question in Family Law in Georgia
Georgia
I live in georgia, my boyfriend is named as the father of my child on the birth certificate. I was told that if something happens to me that he still has no rights to my child because we are not married and that my child would go to someone on my side of the family...Is this true?
2 Answers from Attorneys
Re: Georgia
The answer depends on facts you didn't post. As a general rule, the father gets custody, but, if the child was never legitimated, and you didn't state that, that could affect the answer. Other documents, such as a will, may also affect the answer.
Re: Georgia
This is true if he has not filed to legitimate the child. Once the father has an order of legitimation, he has legal rights to the child. However, even if the father has legitimated the child, if you were to pass away and the father had not been active in the child's life, the court would look to the best interest of the child when determining custody. When you have a minor child, you should also have a Last Will & Testament naming the person you would want to be the Guardian of your child should something happen to you.
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