§ 19-7-42.Venue
Chapter 7. Parent and Child Relationship Generally · Article 3. Determination of Paternity · Last amended 1980 · Last verified October 9, 2026
Full Text of § 19-7-42
Plain-English Summary
Venue answers the question of which county’s court hears a case. For paternity actions under Article 3, the rule is short and mandatory. The action “shall be brought” in the county where the alleged father resides. If he isn’t a Georgia resident, it “shall be brought” in the county where the child resides.
The rule turns on where the alleged father lives, whether he is the one being sued or the one filing. When he lives in another state, there is no Georgia county of residence to use, so the child’s county serves as the fallback. In the out-of-state case, the court still needs a basis for personal jurisdiction over him before ordering service, under § 19-7-41. Either the superior court or the state court of the right county may hear the case, since § 19-7-40 gives them concurrent jurisdiction.
Legitimation follows a different rule. A father’s petition to legitimate under § 19-7-22 goes to the county where the mother, or the person with legal custody or guardianship, lives, with exceptions when she lives outside Georgia or can’t be found, and when an adoption is pending. So the same family can face two venue rules depending on who files and what they ask for. This section has not been amended since its 1980 enactment.
Frequently Asked Questions
Which county do I file a paternity case in Georgia?
In the county where the alleged father lives. The section says the action “shall be brought” there. The only exception is when the alleged father doesn’t live in Georgia; then the case goes in the county where the child lives. Either the superior court or the state court of that county may hear it under § 19-7-40.
What if the alleged father lives in another state?
The case is filed in the county where the child lives. The court must also have a constitutionally permissible basis for jurisdiction over him before it orders service outside Georgia, as § 19-7-41 requires. The bases listed in § 19-11-110, such as sexual intercourse in Georgia by which the child may have been conceived, are examples.
If the child lives in a different Georgia county than the father, where does the case go?
To the father’s county. As long as the alleged father is a Georgia resident, the action must be brought in the county where he resides, even if the mother and child live elsewhere in the state. The child’s county comes into play only when the alleged father lives outside Georgia.
Is venue the same for a legitimation petition?
No. Under § 19-7-22(b), a father’s legitimation petition goes to the superior court of the county where the child’s mother, or the person with legal custody or guardianship, lives. If that person lives out of state or can’t be found in Georgia after due diligence, he may file where he or the child lives, and a pending adoption sets the county instead.
Can a paternity case be filed before the baby is born?
Yes, and when the alleged father lives in Georgia it still goes in his county. Under § 19-7-43(c), if a paternity petition is filed before the birth, everything is put on hold until after the birth except service of process, discovery and depositions. Under § 19-7-45(b), the court orders genetic testing as soon as medically feasible after the birth.
Amendment History
Laws 1980, p. 1374, § 1.
Formerly Code 1933, § 74-303.