In Georgia, it may be challenging to establish custody rights for parents who are not married. The unmarried father of a child must establish paternity and legitimation before he can proceed to seek custody or visitation rights.
When a child is born to unmarried parents in Georgia, the child custody laws for unmarried parents provide that the mother has sole custody. The father is allowed custody or visitation rights only when he is able to establish his paternity and a legal relationship with the child.
Establishing paternity means establishing that a man is the biological father of a child. There are a few ways to establish paternity. If the father’s name appears on the child’s birth certificate, it creates a presumption of paternity. Another method of establishing paternity is through genetic testing. A father who wishes to establish his paternity may file a petition with a court in Georgia.
Fathers also may acknowledge their paternity by filing a Paternity Acknowledgement Form. When this is done, the father’s name is entered on the child’s birth certificate. A local attorney in Georgia would be able to provide more information about this procedure.
Establishing paternity does give a biological father the right to be listed on a child’s birth certificate and the obligation to pay child support. However, in Georgia, establishing paternity does not automatically give an unmarried father the right to visitation or custody.
To gain these rights, a father must go through legitimation. This is a separate procedure that establishes a legal relationship between a father and child.
A father may establish legitimation at the same time or after establishing paternity. However, it is only legitimation that gives an unmarried father the legal right to seek custody or visitation. A father will want a legal consultation if he wishes to pursue his right to custody or visitation.
Can an Unmarried Father Take a Child from the Mother?
It is possible that an unmarried father, instead of the child’s mother, would be able to win sole physical and legal custody of a child in Georgia, but it is unlikely. As noted above, the father would first have to establish his paternity. The father would then have to complete the process of legitimation. Then, a Georgia court would apply the child’s best interest standard when deciding on custody and visitation.
The father would have to go to court to get sole custody. This would entail proving that it would be in the child’s best interests for the father and not the mother to have sole custody. This would be challenging and Georgia courts presume that it serves the best interests of the child to have both of their parents involved in their life.
It is important to note that only a father whose paternity has been established may file a petition for legitimation. The petition should be filed in the Georgia court in which the mother lives. In the petition for legitimation, the father may also seek custody, parenting time or visitation rights. The court would hold a hearing on the petition.
At the hearing, the mother would have the opportunity to be heard in response to the legitimation petition. The mother may oppose legitimation by claiming that the petitioner is not the child’s biological father. Of course, this would be hard to prove if the father has already established his paternity.
The mother could also oppose legitimation on the grounds that the father has lost his opportunity to develop a relationship with the child. The father may have abandoned the child for periods of time, for example.
After the hearing, if the court were to determine that it is in the child’s best interests, the court would have the authority to declare the relationship of the father legitimate. This establishes the legal paternity of the father. The father would then be able to assert visitation and custody rights.
What Will Likely Happen if There Is a Custody Battle Between Unmarried Parents?
In Georgia, courts apply the “best interests of the child” standard when making child custody decisions. This is also the case when the parents are not married to each other. In addition, as noted above, courts presume that it serves the best interests of the child for both parents to be involved in their child’s upbringing.
The parental rights of unmarried fathers depend on several factors that relate to the child’s best interests standard. These would include the following:
- The character and quality of the father’s relationship with the child;
- Whether the father has a history of child abuse;
- Whether the father has a history of domestic violence;
- Whether the father has alcohol or other substance abuse issues.
These are not the only factors, of course, just a few of them that a court would think are relevant.
What Are Some Other Issues That Unmarried Parents May Experience?
It is important to keep in mind that unmarried parents may always negotiate a parenting agreement for themselves. They may refer to it as a “parenting agreement”, a “parenting plan”, or a “joint custody schedule.” The agreement would contain information about how the parents would manage custody of the child, visitation and other issues regarding care of the child.
The agreement would want to address both kinds of custody, physical and legal. Physical custody is where a child lives, whether primarily with one parent or equally with both. Legal custody determines which parent makes key decisions about the child’s upbringing, such as education, religion, health care, and the like.
Both kinds of custody can be sole or joint. For legal custody, sole custody would mean that one parent would make the decisions regarding the child’s upbringing. For joint or shared legal custody, the parents would collaborate on decision-making.
For physical custody, sole custody would mean that a child would reside with one parent and the other would have visitation. Or the child would live for some period of time with both parents on a regular basis in a joint or shared custody arrangement.
A good parenting plan would include processes for the parents to use in making decisions together if that is their wish. The plan could provide that one parent or the other would have the last word on decision-making if a disagreement cannot be resolved. It might also include provisions for how the plan may be changed.
Of course, a complete parenting plan would have to address the issues of child support and how all of the costs associated with child rearing would be paid by the parents. It would also state how agreements regarding finances might be changed.
Attorneys may help unmarried couples negotiate a parenting plan. Mediation might also help unmarried parents design a plan that works for them. The main goal is for the parents to agree on all plan terms. They may then submit it to the court. The court would review the plan. If the court thinks it serves the best interests of the child, they would approve it and make it a court order in the future.
If the parents are not able to reach an agreement on their own, one or the other may file a motion in court asking that it approve their preferred plan. Of course, either parent may also ask the court for the custody they prefer: sole, shared, or visitation.
The motion would be heard by the court. The hearing would resemble a trial in court, but there would not be a jury. The judge makes the final decision after hearing the evidence and arguments of the parties.
Do I Need an Attorney for Help with Child Custody Issues Between Unmarried Parents?
If you have a child with a parent to whom you are not married, you want to speak with a Georgia child custody lawyer. LegalMatch.com would be able to explain your options fully and what you may do to get the result you want in your case. Sharing a child with a parent to whom you are not married plays a big role in your quality of life, and a lawyer’s help can smooth the way to make the situation work so you have peace of mind.
