Unwed mother has a child with a married man. Does she have or can she get sole custody and what are his visitation rights?

Asked almost 5 years ago - Augusta, GA

In the state of Ga if you have a child out of wedlock and it happens to be with a married man, what happens when it comes to child custody? Does it matter if the father is listed on the Birth Certificate? If the Father is non-existent yet wants custody, what can the mother do? Does she have automatic sole custody? Does it matter that he was/is married? Does/is he allowed to have extended visits if the mother does not approve? What is the law and what is the best route to take?

Attorney answers (1)

  1. Stuart H Grozbean


    Contributor Level 12

    Answered . This is a general answer and you should always speak to an attorney in your area. The Court always looks at the best interest of the child. There is a basic presumption that both parents are fit to have custody. Then you look at each party individually. In your case if the father never comes around the child and you are not preventing his access, then the Court will take that into consideration. If a father wants to see the child and he is deemed a fit parent the Court gnerally will allow visitation. Whether he is married or not generally is not a factor, unless the child would be at risk with his spouse.

Related Topics

Sole custody

Sole custody means that a child will only live with one parent, although the other parent often still has legal decision making power and visitation rights.

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