Can non biological father get full custody?

UPDATED: May 21, 2009

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Can non biological father get full custody?

In GA, what rights does a non biological father have. what are the grounds for a non biological father gaining full custody. Both children were born during marriage and he is only seeking custody of one.

Asked on May 21, 2009 under Family Law, Georgia


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You need to give all the facts of your case to an attorney, to get an answer to this question, and it's far from simple.  One place you can find a qualified divorce lawyer in your area is our website,

Ordinarily, full custody, rather than joint legal custody, is relatively rare now, even for biological children, unless the other parent is unfit, and that takes a pretty serious situation.  Many courts will treat a "psychological parent" equally with a biological parent, and you get that status by having done everything a parent does for a child.  You should also be aware that many courts prefer to keep siblings together.  If the children are old enough, their wishes will be considered, too.  The bottom line is (or should be), always, the best interests of the children.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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