Mothers’ Child Custody Rights in Georgia

We Represent Mothers' Rights

Parental presence and involvement in your children's lives may appear self-explanatory, but the issue of custody can be complex for single parents or unmarried mothers.

If you are seeking clarity on your rights as a mother or single parent, look no further than Gentry Law Firm, LLC. Our team is ready to listen to your situation and assist you in achieving the most favorable outcome. With extensive experience in divorce and family law spanning decades, we are the Marietta law firm equipped to support you. Let us demonstrate why we are the legal team you can rely on.

Why Do Mothers' Rights Matter?

Parental rights in Georgia are protected by law, with married parents sharing equal custody responsibilities. However, for separated parents, custody decisions are made based on the best interests of the children, varying on a case-by-case basis.

Children born to unmarried parents, or out of wedlock, are subject to different custody expectations under Georgia law. It is crucial to understand these distinctions within Georgia's custody laws.

The Rights of Mothers in Georgia

According to Georgia Code §19-7-25, a mother is granted sole custody of a child born out of wedlock. While this does not prevent the father from having visitation rights if both parents agree, the law designates the mother as the sole legal parent with both physical and legal custody. The mother has the authority to make final decisions regarding the children's residence, schooling, and religious upbringing.

Can Unmarried Fathers Have Parental Rights in Georgia?

Despite the mother being granted sole custody initially, the child's father can establish legal parental rights through the legitimization process. By legitimizing their parentage, the father can secure custody and visitation rights that are legally enforceable through the court system.

It is important to note that merely listing the father's name on the child's birth certificate does not automatically grant him parental rights if the child is born out of wedlock. In Georgia, adding the father's name to the birth certificate only recognizes him as the "putative" or presumed father. Legitimization and establishing paternity are distinct processes under the law.

Child Support Guidelines for Unwed Mothers in Georgia

Despite unwed mothers being granted sole custody of their children, Georgia law mandates that both parents, including unmarried fathers, must financially support their children until they reach the age of 18, graduate from high school, emancipate, or join the military. However, the court may require a paternity test before ordering the father to pay child support.

Do Mothers Receive Preferential Treatment in Custody Matters?

Unless the parents were unmarried at the time of the child's birth, both parents will have equal rights in custody decisions during divorce proceedings. Once the father is legitimized and paternity is established, both parents are considered equally by the court, with the child's best interests guiding custody determinations.

Factors Affecting Custody Decisions

When determining custody arrangements, the court considers various factors, including the parents' lifestyles, living environments, and the child's preferences. Additionally, the court considers if the parents work, their hours of activity, residential arrangements about the other parent, the presence of siblings, and any potential risks or history of domestic abuse in the household.

Developing a Parenting Plan

Even if an unwed father has not been legitimized, he can still spend time with his children if granted by the mother. However, unwed mothers are advised to create a parenting plan to formalize visitation arrangements. Once the father is legitimized, he can seek formal custody rights, and the visitation plan may become enforceable by the court.

Parenting plans, also known as custody agreements, provide a structured schedule for parents to follow and can be submitted to a judge for approval. Upon approval, the plan becomes a legally binding arrangement.

Contact Us Today

If you are seeking to safeguard your rights on your own, it may be beneficial to seek guidance from a seasoned attorney. Our experienced lawyers can assist you in collecting evidence to uphold your maternal rights and work towards finding a resolution to your situation. Furthermore, we can aid in constructing a compelling case for sole custody, particularly if the other parent is pushing for visitation or joint custody aggressively. Call us today to learn more about how we can assist you.