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Veal v. Veal

O.C.G.A. § 19-7-22 does not provide a means for a step-parent to legitimate a child.

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Ms. Veal “wife”, appeals from the trial court’s order granting full custody of her biological daughter H. to Mr. Veal “husband”. Because husband is neither the biological nor the legal father of the child, we find that the trial court erred by awarding husband custody of H. Therefore, we reverse. H. was born April 10, 1997. Husband was present at H.’s birth and his name was put on her birth certificate, though both parties knew that he was not the child’s father. Husband and wife were married on May 31, 1997, and had three other children during their marriage.

Husband and wife separated on May 2, 2003, and filed for divorce soon thereafter. The divorce settlement, which was incorporated into a final decree of divorce on October 30, 2003, made custody and visitation arrangements for the three children of the marriage, but made no mention of H.

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