{"id":372728,"date":"2018-04-24T15:00:53","date_gmt":"2018-04-24T20:00:53","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/georgia-law\/georgia-custody-laws-for-unmarried-parents.html"},"modified":"2018-04-30T12:55:29","modified_gmt":"2018-04-30T17:55:29","slug":"georgia-custody-laws-for-unmarried-parents","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/georgia-law\/georgia-custody-laws-for-unmarried-parents.html","title":{"rendered":"Georgia Custody Laws for Unmarried Parents"},"content":{"rendered":"\n
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Georgia Custody Laws for Unmarried Parents<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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Parents of a child born out of wedlock often face complicated rules and standards when establishing the rights and responsibilities they each have with respect to their child. When a child is born to unmarried parents in Georgia, for example, the law declares the mother to have sole custody<\/a>. It is only once the father establishes a legal relationship to the child that he is allowed custody or visitation rights. This article briefly explains the child custody laws for unmarried parents in Georgia.<\/p>\r\n

Difference between Paternity and Legitimation<\/h2>\r\n

In Georgia, paternity doesn't give an unmarried father visitation or custody rights<\/a> to his child. Georgia law differentiates between paternity, (establishing the identity of the child's biological father) and legitimation, which establishes a legal relationship between father and child. A father can receive legitimation at the same time or after paternity is established, but only legitimation allows an unmarried father to seek custody or visitation.<\/p>\r\n

If paternity is established, the father can be added to a child's birth certificate (if not already listed) and held financially responsible for child support. Though he might be listed on the birth certificate and pay child support, an unmarried father still lacks standing to receive custody and visitation rights.<\/p>\r\n

Establishing Paternity<\/h2>\r\n

Determining paternity is fairly simple<\/a>, as the father's voluntary appearance on the child's birth certificate creates a presumption of paternity. Genetic testing may also establish paternity<\/a>. A petition to establish paternity can be filed with Georgia courts.<\/p>\r\n

Fathers also may administratively acknowledge paternity through a Paternity Acknowledgement Form, which adds the father's name to the child's birth certificate and creates the same financial responsibility as a paternity finding by a court.<\/p>\r\n

Legitimation<\/h2>\r\n

Only the biological father may file a legitimation<\/a> action and must do so in the mother's county of residence. In Georgia, this action may also include claims for:<\/p>\r\n