Veal v. Veal

Summary

The Georgia Supreme Court held that a husband who was neither the biological nor legal father of a child born before the parties’ marriage could not obtain custody over the biological mother’s objection. The court concluded that the husband had not established parental rights through legitimation or marriage-based legitimacy provisions and that adoption was the proper means of establishing legal paternal ties. The court reversed the trial court’s custody award.

Holdings

1. A stepfather who is neither the biological nor the legal father of a child born out of wedlock may not obtain custody from the biological mother merely because he married the mother, was listed on the birth certificate, or treated the child as his own.
2. The husband's presence at the child's birth, placement of his name on the birth certificate, subsequent marriage to the mother, and treatment of the child as his own did not legitimate the child or make him the legal father because the parties acknowledged that he was not the biological father and he was not married to the mother when the child was born.

Questions Presented

1. Whether a husband who is neither the biological nor legal father of a child born out of wedlock may obtain custody of the child from the biological mother based on his marriage to the mother, his treatment of the child as his own, and the placement of his name on the birth certificate.
2. Whether OCGA §§ 19-7-20(c) or 19-7-22 permitted the stepfather to establish legal paternal ties or obtain custody without a formal legitimation or adoption proceeding.

Disposition

reversed