Posted On: June 25, 2012

Frequently Asked Questions: Georgia Legitimation

Question: I was not married to my child’s mother and have no court order regarding custodial rights. The mother is currently in jail. Can I get my child without going to court?

Answer: In Georgia, in this situation, until the father goes to court and legitimates the child, he has no legal or custodial rights to the child. The father must obtain a Legitimization Order before he can do anything legally.

Question: What can I do to get sole custody of my child when I never married the father, but his name is on the birth certificate?

Answer: In Georgia, until the father legitimates the minor child, he has no legal or custodial rights. Thus, in this situation, the mother currently has sole custody of the child.