§ 19-7-25.In whom parental power over child born out of wedlock lies
Chapter 7. Parent and Child Relationship Generally · Article 2. Legitimacy · Last amended 2016 · Last verified October 9, 2026
Full Text of § 19-7-25
Plain-English Summary
When a child is born out of wedlock in Georgia, the mother has custody from the start. This section says only she is entitled to custody, and that she may exercise all parental power over the child. That power includes the control and other rights § 19-7-1 gives parents until a child turns 18 or is emancipated.
The father’s path to rights runs through legitimation under § 19-7-22. Until he legitimates the child, he has no entitlement to custody under this section, even if he is plainly the biological father, his name is on the birth certificate or he signed an acknowledgment of paternity. Under § 19-7-46.1(b), an acknowledgment establishes him as the biological father but is not a legitimation. And under § 19-7-49(a), a court’s finding of paternity in a paternity case has the sole effect of establishing his duty to support the child. Support duties and custody rights travel separately.
Legitimation doesn’t hand the father custody automatically. It removes this section’s mother-only rule, and he may then ask the court for custody, visitation or parenting time; § 19-7-22(g) lets him include those claims in the legitimation petition, and the court decides them on the child’s best interests. When legitimation comes up inside a paternity case, § 19-7-22(h) adds that custody stays with the mother until a court order addresses it. The section was last amended in 2016.
Frequently Asked Questions
Who has custody of a child when the parents aren’t married in Georgia?
The mother. This section says only the mother of a child born out of wedlock is entitled to custody unless the father legitimates the child under § 19-7-22. Until then, she may exercise all parental power over the child. If the father legitimates the child and asks for custody or visitation, the court decides those issues on the child’s best interests.
Does having the father’s name on the birth certificate give him custody rights in Georgia?
No. Under § 19-7-46.1(a), a father’s name on the birth certificate, entered with his written consent, makes a prima facie case of paternity, which matters for support. But this section ties custody to legitimation. Only legitimation under § 19-7-22 ends the mother’s exclusive entitlement to custody.
Can an unmarried father in Georgia get visitation without legitimating the child?
Not under this section, which gives the mother all parental power until the father legitimates. The usual route is a legitimation petition under § 19-7-22, which may include claims for visitation, parenting time or custody that the court decides on the child’s best interests. In a paternity case, § 19-7-51 lets the decree address other matters in the child’s best interests, but a paternity finding on its own establishes only the duty of support.
Does a DNA test showing I’m the father give me custody rights?
No. A court order finding that a man is the father has the sole effect, under § 19-7-49(a), of establishing his duty to support the child. Custody rights for an unmarried father come through legitimation under § 19-7-22. Genetic test results can support that petition, and when the father seeks legitimation within a paternity case, § 19-7-22(h) lets the court order genetic testing.
Does legitimation automatically give the father custody?
No. Legitimation removes the rule that only the mother is entitled to custody, but it doesn’t move the child. The father may ask for custody, visitation or parenting time in the legitimation case, and the court decides on the child’s best interests. Where legitimation is sought inside a paternity case, § 19-7-22(h) says custody stays with the mother until a court order addresses it.
Amendment History
Laws 1988, p. 1720, § 8; Laws 2008, Act 580, § 5, eff. July 1, 2008; Laws 2016, Act 404, § 4, eff. July 1, 2016.
Formerly Code 1863, § 1750; Code 1868, § 1790; Code 1873, § 1799; Code 1882, § 1799; Civil Code 1895, § 2509; Civil Code 1910, § 3028; Code 1933, § 74-203.