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If a child is born out of wedlock in Georgia, the father must file a petition seeking legitimation through the courts to become the legal father. Putting a name on a birth certificate is not sufficient. In the legitimation proceeding, the court has the authority to make custody determinations.

If the father has not filed for legitimation, he is a legal stranger to the child, and has no rights to custody.

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Q: What custody do a father have in Georgia not married?
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Who has legal custody of a minor child when parents never married in Georgia?

The mother. The father have to petition the court for custody or visitation right.


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