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How do I get legal rights to my child if I am not married to the mother

Conyers, GA |
Attorney answers 2


You have the exact same rights she does as to custody, visitation and support. If you and she cannot reach an agreement regarding those issues you will have to file a proceeding in court to give you your rights. Consult a family law attorney.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.


In Georgia if the child is born out of wedlock you still have the duty to provide support for the child, but you have to legally legitimate the child before you have any right to seek custody or visitation. This is normally done through a petition for legitimation. I would suggest speaking with an attorney about this. While the test for determining custody is simply what is in the best interests of the child, litigating the issue can be complicated. Also, whomever gets primary physical custody will very likely receive child support from the other parent, so you want to make sure the issue is handled correctly the first time you go to court rather than having to come back to address the issue later.

This answer is provided for informational purposes only. The response given is not intended to create, nor does it create, an attorney-client relationship. Each case is fact specific, and it is impossible to evaluate a legal question without a review of all the facts at issue. If you are looking for legal advice regarding a problem in the State of Georgia you may contact my office so that we can set up an office or phone consultation to fully address your question.

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