Georgia Father Wins Custody Of Toddler Son After Mom’s Dying

[ad_1] by BLACK ENTERPRISE Editors December 25, 2025

The ordeal started in early 2025 when Smith, a 30-year-old nurse who was 9 weeks pregnant, suffered a extreme medical emergency.

A Georgia father has been awarded sole authorized and bodily custody of his toddler son following a months-long authorized battle that started after the tragic dying of the kid’s mom. The case, which concluded in DeKalb County Superior Courtroom this month, has prompted requires legislative change to deal with what attorneys describe as a harmful hole in state regulation concerning the rights of single dad and mom.

Adrian Harden was granted ultimate custody of his son, Probability, on Dec. 2, 2025, by Choose Latisha Pricey-Jackson. The ruling follows an emergency petition for legitimation filed after Harden found that, regardless of DNA proof of paternity, Georgia regulation granted him no computerized parental rights as a result of he was not married to the kid’s mom, Adriana Smith.

“I simply wish to be sure that he’s received every thing he wants,” Harden mentioned, talking publicly for the primary time for the reason that ordeal started. “For all the lads that truly care for his or her baby, that’s all we wish—to verify he’s received one of the best and is aware of that I take care of him.”

A Medical Tragedy and a Authorized Disaster

The ordeal started in early 2025 when Smith, a 30-year-old nurse who was 9 weeks pregnant, suffered a extreme medical emergency. After being rushed to Emory College Hospital, medical doctors found a number of blood clots in her mind. She was declared mind lifeless on Feb. 19 however remained on life help for 4 months to permit the being pregnant to proceed.

Their son, Probability, was born through emergency C-section on June 13, 2025, weighing simply 1 pound, 13 ounces. Smith handed away 4 days later.

Whereas grieving the lack of his companion and monitoring his son’s well being within the Neonatal Intensive Care Unit (NICU), Harden was confronted with a secondary disaster: Underneath Georgia regulation, the organic father of a kid born out of wedlock has no authorized standing or proper to custody till a courtroom formally “legitimates” the connection.

The Combat Towards Foster Care

Attorneys at Higher Regulation Divorce Attorneys, who represented Harden, famous that with out a right away courtroom intervention, the toddler may have been positioned within the custody of the Division of Household and Kids’s Providers (DFCS) and entered the foster care system.

“Mr. Harden didn't have any authorized rights right here in Georgia,” mentioned household legal professional Melaniece Davis. “If a father has a baby with a lady he isn't married to, that father has no authorized rights in any respect, even in a tragic state of affairs the place the mom has handed.”

Lead legal professional Adriana Gonzalez filed an emergency petition on Aug. 8, securing a brief order on Sept. 3 that allowed Probability to go residence along with his father. The ultimate order issued this month gives Harden with full authorized and bodily authority over his son’s upbringing and medical care.

A Push for Legislative Change

The case has sparked a broader dialog about parental rights in Georgia. At present, a organic father’s title on a beginning certificates or a optimistic DNA check is inadequate to determine authorized parenthood if the dad and mom are single. The daddy should “legitimize” the kid by a selected authorized course of to achieve the precise to inherit or search custody.

Harden and his authorized crew are actually advocating for “Probability’s Regulation” or related reforms that will streamline the method for organic fathers to be acknowledged as authorized dad and mom, particularly in instances of maternal dying or incapacitation.

“I simply take a look at him, I see his mama,” Harden shared. “He’s received a whole lot of life and a whole lot of spirit. I simply wish to maintain that going.”

As Probability continues to develop and get well from his untimely beginning, Harden stays targeted on his son’s well being whereas hoping his authorized wrestle prevents different households from going through the identical uncertainty.

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