O.C.G.A.
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
The court may order reasonable fees of counsel, experts, and the child’s guardian ad litem and other costs of the action and pretrial proceedings, including blood and other tests, to be paid by the parties in proportions and at times determined by the court.
History
Code 1933, § 74-311, enacted by Ga. L. 1980, p. 1374, § 1.
Annotations
JUDICIAL DECISIONS Requiring payment of costs prior to trial violates constitution. - To the extent that O.C.G.A. § 19-7-50 allows the state to compel prepayment of court costs without a hearing on the merits, the statute is unconstitutional under the provisions of Ga. Const. 1976, Art. I, Sec. I, Para. I (see now Ga. Const. 1983, Art. I, Sec. I, Para. I). Boone v. State, Dep’t of Human Resources ex rel. Carter, 250 Ga. 379, 297 S.E.2d 727, 1982 Ga. LEXIS 1259 (1982). Court may place initial burden on state for blood test costs. - In cases involving determinations of paternity, the court is authorized to initially place the burden of paying the cost of blood tests upon the state. Georgia Dep’t of Human Resources ex rel. Jackson v. Jackson, 252 Ga. 403, 314 S.E.2d 105, 1984 Ga. LEXIS 703 (1984). Denying request that state pay for blood tests. - Trial court’s denial of a putative father’s request to require the state to make pretrial payment of the costs of the blood tests to determine paternity effectively denied the putative father access to blood test evidence and amounted to a violation of due process. Peterson v. Moffitt ex rel. Department of Human Resources, 253 Ga. 253, 319 S.E.2d 449, 1984 Ga. LEXIS 899 (1984). Requiring putative father to pay costs of blood test. - It is a violation of due process for the state to require a putative father to pay the costs of a blood
test for the purpose of determining paternity when no hearing has been conducted on the merits of the case. Boone v. State, Dep’t of Human Resources ex rel. Carter, 250 Ga. 379, 297 S.E.2d 727, 1982 Ga. LEXIS 1259 (1982). Attorney’s fees award could not be sustained on record. - In a paternity proceeding, an award of attorney fees to the mother that did not specify a contractual or statutory basis for the award could not be sustained based on O.C.G.A. § 197-50 as the record did not contain the petition for attorney fees, the evidence considered by the trial court, or a transcript of the fee hearing. Accordingly, remand was required to determine whether the mother could recover attorney fees under § 19-7-50. Sinkwich v. Conner, 288 Ga. App. 320, 654 S.E.2d 182, 2007 Ga. App. LEXIS 1194 (2007). Trial court did not fail to award adequate fees. - In a mother’s paternity suit to establish the legitimation, custody, and support of her minor child by the father, the mother asked for an award of $20,000 in attorney fees. The trial court recognized that the court had awarded the mother $5,000 in fees during the pendency of the action; therefore, the court did not abuse the court’s discretion by awarding the mother an additional $5,000 in fees under the authority of O.C.G.A. § 19-7-50 at the final hearing. Jackson v. Irvin, 316 Ga. App. 560, 730 S.E.2d 48, 2012 Ga. App. LEXIS 612 (2012).
RESEARCH REFERENCES C.J.S. 14 C.J.S., Children Out-of-Wedlock, §§ 139, 140, 142. ALR. Right of indigent defendant in paternity
suit to have assistance of counsel at state expense, 4 A.L.R.4th 363. Entitlement to attorney’s fees under Uniform Parentage Act of 1973, 72 A.L.R.6th 413.
Notes of Decisions
Cited in
12
cases (
1 in the last 5 years), 1984–2026 · leading case:
Sinkwich v. Conner, 654 S.E.2d 182 (Ga. Ct. App. 2007).
Sinkwich v. Conner, 654 S.E.2d 182 (Ga. Ct. App. 2007).
· cites it 8× “3 Conner seeks an affirmance of her attorney fee award under the right for any reason rule, pointing out that this action established paternity and that a court may order attorney fees in cases involving paternity under OCGA § 19-7-50. 4 Sinkwich counters that this Code *322…”
Avren v. Garten, 710 S.E.2d 130 (Ga. 2011).
· cites it 2× “Assuming OCGA § 9-11-54 (d) is applicable (but see OCGA § 19-7-50 governing payment of fees to a guardian ad litem), it would not be applicable to this case as Mother was not the prevailing party since all three counts of Father’s petition alleging contumacious conduct of Mother…”
Jackson v. Irvin, 730 S.E.2d 48 (Ga. Ct. App. 2012).
· cites it 4× “The trial court, recognizing that it had previously awarded Jackson $5,000 in fees during the pendency of the action, and “[gjiven *565 the testimony elicited at trial, the Court’s own evaluation of the complexities of the case and all other factors in the case,” awarded an…”
Bridger v. Franze., 820 S.E.2d 223 (Ga. Ct. App. 2018).
· cites it 2× “In sum, we reverse the trial court's self-executing change of custody provision in favor of the father and therefore vacate the custody award and remand for further proceedings on that issue; we reverse the award of child support and remand for inclusion of the amount the mother…”
Charlot v. Goldwire, 713 S.E.2d 667 (Ga. Ct. App. 2011).
· cites it 2× “A court may order attorney fees in cases involving paternity under OCGA § 19-7-50. The statute provides, “The court may order reasonable fees of counsel, experts, and the child’s guardian ad litem and other costs of the action and pretrial proceedings, including blood and other…”
Peterson v. Moffitt, 319 S.E.2d 449 (Ga. 1984).
· cites it 2× “Pursuant to OCGA § 19-7-50 a trial court is authorized to order the parties in a paternity action to pay the costs of that action, including the costs of blood tests, “in proportions and at times determined by the court.”
Brandon Day v. Ariel Mason, No. A20A1520 (Ga. Ct. App. Nov. 17, 2020).
· cites it 4× “Thereafter, the trial court found that it was authorized to award fees under OCGA § 19-9-3 (g), 12 Mason also sought attorney fees under OCGA § 19-7-50. But the trial court awarded fees under OCGA § 19-9-3 (g) alone, and Mason does not argue on appeal that OCGA § 19-7-50 applies…”
Brandon Day v. Ariel Mason, 851 S.E.2d 825 (Ga. Ct. App. 2020).
· cites it 4× “Thereafter, the trial court found that it was authorized to award fees under OCGA § 19-9-3 (g), 9 Mason also sought attorney fees under OCGA § 19-7-50. But the trial court awarded fees under OCGA § 19-9-3 (g) alone, and Mason does not argue on appeal that OCGA § 19-7-50 applies…”
Nichelle Jackson v. Corvey Irvin, No. A12A0040 (Ga. Ct. App. July 3, 2012).
· cites it 4× “The trial court, recognizing that it had previously awarded Jackson $5,000 in fees during the pendency of the action, and “[g]iven the testimony elicited at trial, the Court’s own evaluation of the complexities of the case and all other factors in the case,” awarded an…”
Betsy Babbett Bridger v. Martin Joseph Franze, No. A18A1230 (Ga. Ct. App. Oct. 19, 2018).
· cites it 2× “In the 4 See OCGA §§ 19-9-3 (g) (a trial court adjudicating a custody dispute “may order reasonable attorney’s fees and expenses of litigation, experts, and the child’s guardian ad litem and other costs of the child custody action and pretrial proceedings to be paid by the…”
Jeremy S. Ramsey v. Khadija Elyse Allen, No. A26A0433 (Ga. Ct. App. Feb. 5, 2026).
· cites it 2× “In June 2025, the trial court entered an order awarding Khadija Allen with child support, retroactive child support, and attorney fees pursuant to OCGA § 19-7-50. Ramsey appeals, pro se. We lack jurisdiction.”
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