Georgia Family Law: Child Custody and Visitation Rights for Unmarried Fathers

When a child is born to parents who are in a marriage relationship, Georgia family law assumes the mother's husband is the child's father. If such parents then decide to get a divorce, the law grants both parents equal rights when claiming child custody. 

Outside of a marriage setting, the father may not initially enjoy equal rights, but there are legal avenues they can explore to achieve equal rights with the mother.

If you are going through a divorce in Georgia, seeking legal help from experts, such as those at Atlanta Divorce Law Group, can benefit you. These attorneys have years of experience in Georgia family law and help you navigate the divorce procedure easily. 

This guide delves into this topic and may be an excellent read for fathers who want to be in their child's life even when they may never have wed the mother.

The Mother Has Parental and Custodial Rights by Default

Georgia family law recognizes the mother as the only legal parent. As such, they get sole legal and physical custody of the child. Sometimes, the father can allow their name to appear on the child's birth certificate. 

Still, having the father's name on the child's birth certificate does not guarantee parenting rights under Georgia family law. It can help support his paternity. However, the legal process of legitimating the child's parental rights will still need to be completed. 

Establishing Paternity 

Paternity refers to the establishment of a child's father's identity. A father can establish paternity by allowing their name to appear on the child's birth certificate or through genetic testing. 

Also, the father may have to sign a paternity acknowledgment form to establish their identity. However, permanent acknowledgment still doesn't guarantee custody rights; it places the financial responsibility of raising the child on the father. 

Understanding Legitimation

Legitimation is the legal process that grants an unwed father legal paternity rights, including custody and visitation rights. Only a biological father can file a legitimation action, but the mother has an opportunity to challenge the action. 

When disputing the action, the mother could raise several issues, including stating that the petitioner is the biological father, which would require a DNA test to prove or disprove. They can also claim that the father lost an opportunity to build a relationship with the child, so you should ensure you are ready by having a family lawyer working on your case. 

After legitimation, you can petition the court for custody, parenting, and visitation times. Remember, the law focuses on a child's best interests when assigning custody or visitation rights, so you may not always get what you want.

Child Custody and Visitation by Agreement

Not all custody arrangements have to be decided by the court. Sometimes, unwed parents can enter into parenting agreements before initiating the legal process. Still, it is important to involve the court to ensure that each party upholds its end of the deal. 

Even where the parents choose to agree on a parenting, custody, and visitation plan, the court will still want to ensure that the agreement aligns with the principle of the child's best interest. As such, you may want to involve a family lawyer in drafting the agreement to ensure it meets the mark. 

You must address elements of the agreement that include who gets legal and physical custody or how it is shared, who pays child support and how much, and provisions for agreement modification if the circumstances change. 

A change of circumstances can include a change in one party's economic status, which would mean an adjustment of child support payments; one party getting married; or the child's best interests changing significantly. 

Conclusion

Unmarried fathers in Georgia face unique challenges in securing custody and visitation rights, but legal avenues like paternity establishment and legitimation can help. By understanding your rights and working with an experienced family lawyer, you can navigate the process and create a parenting plan that prioritizes your child’s best interests.