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Familylaw Guru
Familylaw Guru, Attorney at Law, JD
Category: Family Law
Satisfied Customers: 1349
Experience:  Experienced in divorce, child custody, child support, paternity issues, and parental rights.
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What are my custody rights as an unwed mother in GA

Customer Question

I currently live with my boyfriend. we are not married but have a 6 month old together. He has signed the birth certificate, but I am leaving him and am not sure of my rights as far as custody goes?
Submitted: 9 years ago.
Category: Family Law
Expert:  Familylaw Guru replied 9 years ago.

What you will need to immediately do is petition the court for custody. You can type this up yourself and file it with the juvenile court. Also get them to issue a temporary custody order.

Since you were never married, this would have to all be done in Juvenile Court. Regardless, your boyfriend has parental rights since he signed the birth certificate. Regardless, for him to get custody/visitation, he would have to file a petition with the courts; however, I would recommend that you do this first and have the court issue an order that your 6 month old is supposed to live with you legally.

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Familylaw Guru and 2 other Family Law Specialists are ready to help you
Customer: replied 9 years ago.
Reply to Familylaw Guru's Post: I heard in the state of Georgia that it doesn't matter if he signed the birth certificate or not?? Is that true? Can he fight me for full custody?
Customer: replied 9 years ago.
In the state of Georgia, does it matter if he signed the Birth Certificate or not?
Expert:  Familylaw Guru replied 9 years ago.

It does matter in terms of him having parental rights. In Georgia, regardless of whether or not he signed the birth certificate, he can still be PROVEN not to be the father by a paternity test.


Customer: replied 9 years ago.
Reply to Familylaw Guru's Post: He is definitely the father. He did sign the birth certificate. Can he fight for or win full custody? Would he win full custody even if I am a completely fit mother with no record of any problems. He will try and fight for custody just to hurt me! Could he win my child?
Expert:  Familylaw Guru replied 9 years ago.

Not likely unless he could prove that you are totally unfit.

Georgia, like Alabama--which is where I am, is a very conservative state.

It is very hard to get a child taken from a mother, especially if there is no evidence that the mother is unfit. I understand your concern but it is unlikely that any judge would award him full custody since there is no reason to do so. Only if you were unfit would this be a possibility.