Georgia
How does an unmarried father get custody rights in Georgia?
Quick answer
In Georgia, only the mother of a child born out of wedlock is entitled to custody of the child unless the father legitimates the child (O.C.G.A. § 19-7-25). A biological father can legitimate the child by petitioning the superior court under § 19-7-22, or, if he marries the mother and recognizes the child as his own, by that marriage and recognition (§ 19-7-20(c)).
Researched by Dan Martin, Legal Researcher · Published by Onbello Legal · Last updated October 2026
The petition
The petition is generally filed in the superior court of the county where the child’s mother or other legal custodian or guardian lives. If that person lives outside Georgia or cannot be found in Georgia after due diligence, it may be filed in the county where the father or the child lives, and if an adoption petition is pending it is filed in the county of the adoption (§ 19-7-22(b)). It states the child’s name, age, and sex, the mother’s name, and any requested name change, and the mother, if alive, must be named as a party and served (§ 19-7-22(c)).
What the court decides
After a hearing with notice to all interested parties, the court may declare the relationship legitimate if that is in the child’s best interests (§ 19-7-22(d)(1)). The petition may also include claims for visitation, parenting time, or custody, which the court decides on the best interests of the child (§ 19-7-22(g)). The superior court enters an order establishing the duty of support under the child support guidelines after notice and hearing (§ 19-7-22(f)).
Paternity is different
In a paternity case brought under § 19-7-43(a)(4), the alleged biological father may respond with a third-party action for legitimation. Until a court order addresses custody, custody of the child remains with the mother (§ 19-7-22(h)).
Tools and resources
Where to check this
Forms, deadlines, and local rules change. Verify anything on this page against the official self-help resources for your state before you rely on it.
This page is general legal information, not legal advice, and does not create an attorney–client relationship. Laws and local rules vary and change. For advice about your situation, consult a licensed family-law attorney in your state.