Fathers’ Child Custody Rights in Georgia

Fathers Have Rights When It Comes to Child Custody

While many may fear that courts will show bias towards mothers in custody cases, the Georgia courts actually maintain a gender-neutral approach. Fathers are entitled to the same rights as mothers unless there is a valid reason to prevent them from having access to their children.

If you are a father facing custody issues and need legal support, the Gentry Law Firm, LLC is here to listen to your concerns. Our team has successfully helped fathers secure custody and visitation rights with their children. With years of experience in divorce and family law, we are the trusted Marietta law firm to guide you through this process.

Learn More About Fathers' Rights

In the past, it was common for courts to grant full custody of children to mothers during separations, leaving fathers with limited visitation rights or little involvement in their children's lives. However, Georgia law does not prohibit fathers from having legal custody and playing an active role in their children's lives.

Establishing paternity is crucial in custody cases, especially for fathers in Georgia. While children born to married parents have paternity presumed, additional steps are required for children born out of wedlock.

Courts prioritize the best interests of the children, often granting custody to the mother in cases of children born out of wedlock. Asserting your rights early on can work in your favor when seeking custody.

To establish paternity and legitimation, unwed parents in Georgia can sign a Voluntary Paternity Acknowledgement form or be legally mandated to acknowledge paternity through a court order.

Legitimation grants a father legal recognition and rights such as custody, visitation, child support, and inheritance for the child.

Once paternity and legitimation are established, fathers in Georgia share equal legal and physical custody rights with the mother. The court will determine primary custody based on factors like who served as the primary caretaker and the children's best interests.

When deciding custody, courts consider various factors beyond financial stability, including the child's safety, family bond, household stability, parenting abilities, physical and mental health, criminal history, cultural needs, and recommendations from welfare agencies. Ultimately, the court aims to make decisions that prioritize the children's best interests.

Filing for Custody

To protect your rights as a father, you must file for custody through the superior court in your county in Georgia. The custody petition can be found in divorce paperwork or on the state's website.

Custody orders typically remain in effect until the child reaches 18 years old but can be modified under specific circumstances. Any parent seeking to make changes must demonstrate a significant change in circumstances affecting the child's well-being before the court will approve any modifications.

Navigating custody law can be complex, and even if you feel knowledgeable, vital details could be overlooked. Hiring a fathers' rights attorney in Georgia, who is well-versed in custody laws, is the best approach to safeguarding custody or visitation rights for your children.

With the assistance of an attorney, you can gather and organize supporting evidence, collaborate with your spouse's legal representation, and handle courtroom proceedings. While parental rights are meant to be impartial under Georgia law, certain factors can impact case outcomes if you choose to proceed without legal guidance.