Bennett v. Day, 92 Ga. App. 680, 689 ( 89 S.E.2d 674) (1955). As correctly noted in Bennett, the best interest of the child standard does not come into issue until after the legitimation has been completed and the final decision on the disposition of the child is being made. Later in Sims v. Pope, 228 Ga. 289, 291 ( 185 S.E.2d 80) (1971), this Court reaffirmed its position that legitimation and custody are separate and distinct issues. "The fact that children have been legitimated does not ipso facto immunize their father from a proper showing that the children should be removed from his custody.... [U]pon legitimation the father stands in the same position as any other parent as to his custody being subject to challenge for good and legal cause.

The father of an illegitimate child, rendered legitimate by court order as in this case, has a claim to parental and custodial rights with respect to his child. See Sims v. Pope, 228 Ga. 289 ( 185 S.E.2d 80). Code Ann. § 74-107 provides that in a contest between parents of a child over the child's custody it is the duty of the court to look to and determine solely what is for the best interest of the child and what will best promote the child's welfare and happiness and, exercising the court's discretion, make the custody award accordingly.

Kennedy v. Adams, 218 Ga. App. 120, 121 (1) ( 460 SE2d 540) (1995) (physical precedent only). Once a child is legitimated, however, "the father stands in the same position as any other parent" (citation omitted) Sims v. Pope, 228 Ga. 289, 291 ( 185 SE2d 80) (1971); and "has a claim to parental and custodial rights with respect to his child." (Citation omitted.)

Upon legitimation, a father stands in the same position as any other parent as to custody of his child. Sims v. Pope, 228 Ga. 289, 291 ( 185 S.E.2d 80) (1971). The father of a child rendered legitimate by court order has a claim to parental and custodial rights with respect to his child.

Upon legitimation the father stands in the same position as any other parent as to custody of the child. Sims v. Pope, 228 Ga. 289, 291 ( 185 S.E.2d 80). Prior to the judgment of legitimation, plaintiff had no standing to raise any issue as to custody of the child. Hall v. Hall, 222 Ga. 820, 821 ( 152 S.E.2d 737). Also, while legitimation provides standing to the father, it does not effect a change in custody.

We hold that he has standing to challenge Arcemont's right to custody. See Sims v. Pope, 228 Ga. 289 ( 185 S.E.2d 80) (1971); compare In re Pickett, 131 Ga. App. 159 ( 205 S.E.2d 522) (1974). Judgment affirmed in part and reversed in part.

While, prior to the judgment of legitimation, Barnes had no standing to raise any issue as to custody of the child, Hall v. Hall, 222 Ga. 820, 821 ( 152 S.E.2d 737) (1966), upon legitimation, the father stands in the same position as any other parent as to custody of the legitimated child and has a claim to parental and custodial rights. Mitchell v. Ward, 231 Ga. 671, 672 ( 203 S.E.2d 484) (1974); see Sims v. Pope, 228 Ga. 289, 291 ( 185 S.E.2d 80) (1971). While legitimation provides standing to the father, it does not, ipso facto, effect a change in custody.

Obviously, the denial of legitimation strengthens the claim of the aunt and uncle for custody while weakening that of the child's father, because legitimation entitles the father prima facie to custody. OCGA § 19-7-25; Sims v. Pope, 228 Ga. 289, 291 ( 185 S.E.2d 80) (1971). It seems elementary that due process requires a hearing on appellant's petition, with an opportunity to show that the child should be recognized in the eyes of the law as a legitimate child.

The court properly exercised its jurisdiction under Code Ann. § 74-103 (Code § 74-103) to legitimate the minor child. Bennett v. Day, 92 Ga. App. 680 ( 89 S.E.2d 674); Sims v. Pope, 228 Ga. 289, 291 ( 185 S.E.2d 80); In re Pickett, 131 Ga. App. 159 ( 205 S.E.2d 522). However, we find the Brantley County court lacked jurisdiction over the minor child to effect a change of custody.

" "Upon legitimation the father stands in the same position as any other parent as to custody of the child. Sims v. Pope, 228 Ga. 289, 291 ( 185 S.E.2d 90) [1971]." Kennedy v. Adams, 218 Ga. App. 120 (1) ( 460 S.E.2d 540) (1995) (physical precedent only).