Legal Question in Family Law in Georgia
Mother's Rights?
My boyfriend and I have 1 son together (he has 2 other children from previous relationships) We have been together for 7 years and have not been married. If we ever broke up, who would have sole custody rights to our son, and would we have to bring this to court to settle?
2 Answers from Attorneys
Re: Mother's Rights?
You are asking for a pure guess based on zero facts, and a situation that has not happened and may never happen. If and when the time comes (and it often comes for people who choose to not enter into a long term commitment), a lawyer will review the specific situation.
Re: Mother's Rights?
Until any of those scenarios happen, it is impossible to tell you who would have custody rights of your son. If his father legitimates him, the father will have just as many rights to the child as you do and can ask a court to grant him custody and/or visitation. If his father does not legitimate him, O.C.G.A. ยง 19-7-25 "In whom parental power over child born out of wedlock lies" states "Only the mother of a child born out of wedlock is entitled to his custody, unless the father legitimates him as provided in Code Section 19-7-22. Otherwise, the mother may exercise all parental power over the child."
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