If you were not married when your child was born, you have sole custody of that child and every parental right that goes with it until a court enters an order saying otherwise.
What the Statute Gives You
Under OCGA 19-7-25, “[o]nly the mother of a child born out of wedlock is entitled to custody of the child, unless the father legitimates the child as provided in Code Section 19-7-22. Otherwise, the mother may exercise all parental power over the child.” Georgia’s legitimation statute repeats the point: “[c]ustody of the child shall remain in the mother unless or until a court order is entered addressing the issue of custody.” OCGA 19-7-22(h).
Living Together, or Later Marrying, Does Not Change It
In Veal v. Veal, 281 Ga. 128 (2006), a man was present at the child’s birth, put his name on her birth certificate, married the mother weeks later, and raised the girl alongside his own children. When the marriage ended, the trial court gave him custody of her. The Georgia Supreme Court reversed, holding that a mother “who has subsequently married a man, even one who has been a laudable stepfather to her child, cannot, under the law, threaten the mother’s custodial rights.”
Likewise, in Ross v. Small, 355 Ga. App. 483 (2020), a mother filed to establish paternity and the father never filed a counterclaim to legitimate the child. The trial court awarded her sole custody, and the Court of Appeals left that award standing.
Support Runs Both Ways
Your rights are not conditioned on his. Under OCGA 19-7-24 both parents of a child born out of wedlock have a “joint and several duty” to provide for the child’s maintenance, protection, and education.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!