Legitimation & Paternity in Georgia
In Georgia, paternity and legitimation are different. A paternity action (O.C.G.A. § 19-7-43) establishes that a man is the biological father and can require him to pay support — but it does not give him custody or visitation. Legitimation (O.C.G.A. § 19-7-22) is the separate step that makes an unwed biological father a legal parent, with the right to seek custody and parenting time.
By Find Local Law Editorial Team · Last reviewed: May 26, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice. These are two different legal steps with real consequences — talk to a Georgia attorney.
When a child is born to unmarried parents in Georgia, two different legal questions come up — and they’re easy to confuse.
Paternity establishes fatherhood and support
A paternity action (O.C.G.A. § 19-7-43) establishes that a man is the biological father of a child. That matters for child support — once paternity is established, the father can be ordered to pay. But paternity alone does not give the father custody or visitation rights.
Legitimation makes him a legal parent
Legitimation (O.C.G.A. § 19-7-22) is the separate step that makes an unwed biological father a legal parent. Only the biological father can petition, and the mother is named as a party. Through legitimation, the father gains the right to seek custody and parenting time and establishes the child’s right to inherit from him. The court decides any custody and visitation requests by the child’s best interest — and until a court orders otherwise, custody remains with the mother.
Why the distinction matters
The practical upshot:
- A father can be ordered to pay support (via paternity) without ever legitimating — and therefore without parental rights; and
- To have a legal right to custody or visitation, an unwed father generally must legitimate.
For how custody is decided once a father has standing, see child custody. To get matched with a local Georgia family-law attorney, connect with a lawyer.
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Start your free intakeFrequently asked questions
- What's the difference between paternity and legitimation in Georgia?
- Paternity (O.C.G.A. § 19-7-43) establishes biological fatherhood and a child-support obligation. Legitimation (O.C.G.A. § 19-7-22) makes an unwed father a legal parent with rights to seek custody and visitation. A father can owe support through paternity without having legitimated — and so without parental rights.
- Does paying child support give an unwed father custody rights in Georgia?
- No. Paying support (through a paternity action) does not by itself give an unwed father custody or visitation. He must file for legitimation under O.C.G.A. § 19-7-22 to gain legal-parent rights.
- Who can file for legitimation?
- The biological father petitions for legitimation, naming the mother as a party. The court decides custody and visitation requests by the child's best interest; until a court orders otherwise, custody remains with the mother.
Sources
Related guides
- Adoption in Georgia Georgia adoption is governed by O.C.G.A. Title 19, Chapter 8, which was comprehensively rewritten effective September 1, 2018. Adoption permanently transfers parental rights to the adopting parent. Stepparent adoption (O.C.G.A. § 19-8-6) is a common path and generally requires the other legal parent's consent or termination of their rights.
- Alimony (Spousal Support) in Georgia Georgia alimony is support paid from one spouse to the other, and it's authorized but not automatic. A spouse whose adultery or desertion caused the separation can be barred from receiving it (O.C.G.A. § 19-6-1). When alimony is awarded, the court sets the amount using eight statutory factors (O.C.G.A. § 19-6-5), including the standard of living, length of the marriage, and each spouse's finances.
- Child Custody in Georgia Georgia decides custody — legal (decision-making) and physical (where the child lives) — by the best interest of the child (O.C.G.A. § 19-9-3). A permanent parenting plan is required (O.C.G.A. § 19-9-1). A child 14 or older may select the parent to live with, but the court follows that choice only if it serves the child's best interest.
- Child Support in Georgia Georgia uses the income shares model (O.C.G.A. § 19-6-15): both parents' incomes are combined, a basic support obligation is read from the statutory schedule, and it's divided between the parents in proportion to income. The Georgia Child Support Commission publishes an official online calculator. Specific schedule amounts and adjustments change with amendments — confirm the current statute.
- Georgia Divorce: Grounds, Residency & Process Georgia allows divorce on any of 13 grounds (O.C.G.A. § 19-5-3) — 12 fault grounds plus the no-fault ground that the marriage is 'irretrievably broken.' A court can't grant a no-fault divorce until at least 30 days after service. A spouse must generally have lived in Georgia six months before filing (O.C.G.A. § 19-5-2).
- Property Division in a Georgia Divorce Georgia divides marital property by equitable distribution — a fair, not necessarily equal, split. This is a judge-made rule (from Stokes v. Stokes, 1980), not a single statute, and Georgia is not a community-property state. Marital property (acquired during the marriage) is divided; separate property (owned before marriage, or received by gift or inheritance) stays with its owner.