The Law Office of Gina Smalley

       Divorce is hard.  No matter the circumstances.  When children are involved, it is even more difficult.  If you are contemplating a divorce or a divorce has been filed against you and you have children with your spouse, you may be wondering how custody is determined.  There is no simple answer; each matter is as unique as the people involved, however, there are a few general factors applicable to everyone.         In Georgia, our laws state very clearly that, so long as a child was born into a lawful marriage, there is no prima facie right to custody with the mother or the father.  Put simply, the law states that mothers and fathers are on equal footing when it comes to custody determinations.         When custody is in dispute, the overall mandate of our legislature in determining which parent receives primary custody of children is "the best interest of ...

      In the State of Georgia, a child born out of wedlock is the legal child of the mother ONLY.  Oftentimes, parents are instructed by hospital administrators to execute an Administrative Legitimation.  Some parents believe that both parents gain rights to the child by signing this document.  Unfortunately, this is a common misperception.       Children born to unmarried parents in Georgia do not have a legal relationship with their fathers until an action for Legitimation is filed.  The proper English word for the process is Legitimization, but Georgia statues refer to it as "Legitimation."  Only a biological father (or a man who believes he is the biological father of a child) has standing to file legitimation.  A legitimation filing seeks to render the parent-child relationship legal (legitimate) as between father and child.  Both the father and the child gain rights if and when the petition...