Does an unwed father have visitation rights?

No, in Georgia, unless the father filed a legal action in the courts and obtained an order granting him rights to visitation and/or custody.

A child born out of wedlock is illegitimate. Pursuant to O.C.G.A. Section 19-7-25, only the mother of a child born out of wedlock is entitled to custody of the child unless the father legitimates the child and obtains a judicial determination of custody and visitation rights. Otherwise, the mother is the one who may exercise all parental control over the child.

Legitimation

There used to be an administrative way to legitimate a child born out of wedlock. However, that procedure is no longer available. In order to legitimate a child born out of wedlock, a father must file a petition in court. The court has authority to legitimate the child and to change the child’s name. Legitimation allows the child to inherit from his father. If requested, the court can also award custody or parenting time for the father with the child. If child support has not been established by another court order, it is likely that the court will also address this issue.

These forms are then provided to the State Office of Vital Records. When these forms are signed and provided to the State Office of Vital Records, the father’s name will appear on the birth certificate. However, this administrative legitimization DOES NOT give the father any rights to visitation or custody of the child. In order to obtain any legal rights to visitation or custody, the father must file a legal action in the court in order to establish his legal rights to visitation and/or custody of the child.

What if the father’s name is on the birth certificate?

Listing the father on the birth certificate, even with this permission, does not give the father any rights legally to have custody or visitation with the child. The law provides that the father must file a legal action in the court or marry the mother of the child. The legal action would be to establish legal rights to custody and/or visitation rights with the child.

If you would like more information on this, or know of someone going through a similar situation, simply call our office at 770-795-9596 to schedule a consultation with family law attorney Diana Whipkey Young.