In Georgia, if the parents of a child are married, they have an equal right to visitation and custody. However, if the parents are not married, in Georgia, only the mother of a child born out of wedlock has a right to custody of her child. However, the father may establish his right to custody or visitation rights once he establishes his paternity and his legal relationship with the child.
It is important to keep in mind that there are 2 types of custody: physical and legal. Physical custody is where the child lives, and legal custody is the right to make the major decisions about the child’s upbringing, such as whether the child is going to have a religious affiliation.
A single mother has the same right to both kinds of custody as any other mother or father, for that matter. Custody laws for unmarried parents decree that a single mother has a right to sole custody of her child. But fathers may acquire their rights through the process of establishing their paternity and then going through the process of legitimation.
Legitimation is a separate procedure that establishes a legal relationship between a father and his child. A father may establish legitimation at the same time or after establishing his biological paternity. However, it is only legitimation that gives an unmarried father the legal right to seek custody or visitation.
The mother of the child has the legal right to challenge legitimation. She can state that the alleged father is not, in fact, the child’s biological father. Or she may argue that the father has forfeited his chance to have a relationship with the child.
If the court finds either of these claims to be true, it would not issue an order declaring the existence of the father-child relationship. However, if the court does not find either of these claims by the mother to be true, the court would issue an order that declares the legitimacy of the father-child relationship.
After establishing paternity and legitimation, the father may then claim a right to custody or visitation. A father will want a legal consultation if he wishes to pursue his right to custody or visitation.
But even after a father has established his paternity and has gone through legitimation, a single mother’s custody rights are still the same as every other parent who may have been married to the other parent of their child.
When called upon to put together a parenting plan in Georgia, a court applies the child’s best interests standard. Some of the factors that a Georgia court considers in developing a parenting plan are the following:
- The age of the child
- The status of the child’s health and emotional well-being
- The ability of each parent to give the child what they need in their home environment
- The ability of each parent to give the child a stable home environment
- The willingness of each parent to work for a healthy relationship between the child and the other parent.
These are not the only factors, just some of the important ones that the court considers. A factor that courts do not consider is whether the mother and father of the child have been married in the past. A local Georgia lawyer would be able to provide more information about the child’s best interests standard.
Of course, child custody may be sole or joint. If it is sole, that means that one parent alone has custody, whether it is physical or legal custody. Joint or shared custody is the sharing of a type of custody. If the custody is physical, then the child lives with both parents at different times. If the parents share legal custody, then they make decisions in consultation with one another. Both types of custody may be shared equally by the parents.
If a child ends up living exclusively with one parent full-time, then the other non-custodial parent is likely to have visitation or parenting time, which allows the parent to spend time with the child on a regular schedule.
Again, the goal of a court in formulating a plan is to figure out what is the best possible for the child. Ideally, a court wants to make sure that the child has healthy, supportive relationships with both parents to the extent possible.
Overall, child custody decisions in Georgia are complex legal cases that require careful consideration of the child’s best interests and the circumstances of each parent. A legal consultation would help a person understand how Georgia courts approach custody and visitation. It would also prepare a person to present their best case in court.
Are There Different Types of Child Custody?
As noted above, there are 2 types of custody: physical and legal. Physical custody is where the child lives. Legal custody is who has the authority to make the major decisions about the child’s upbringing.
Both types may be sole, in which case one parent only has custody, or share, in which case the 2 parents would share the custody. In sole physical custody, the child would live with one parent full-time and have visitation with the other parent. In sole legal custody, one parent would have the full authority to make important decisions about the child’s upbringing.
In shared physical custody, the child would live part-time with each of the parents. They might split their time equally between them. In shared legal custody, the parents would make decisions collaboratively. One parent might be given the authority to make a final decision if they cannot agree on a shared approach to an issue.
Who Determines Child Custody?
The parents of a child are always free to agree to a parenting plan covering the 2 types of custody and visitation if they want that to be part of their plan. They might negotiate the agreement themselves or through their lawyers. Or they might participate in a mediation that would help them define a plan that works for both parents and the child.
A court must evaluate whether the plan serves the best interests of the child and would accept it if the court thinks it does this. The court would then incorporate the parents’ plan into a court order.
So parents always want to keep in mind that their plan must be the best one possible for their child.
If the parents are not able to agree on a plan themselves through negotiation or mediation, then a court would hold a trial on the issue and make the decision as to what the plan will be. Again, the court would issue an order containing the plan.
There is no parenting plan that works for every family involved in a Georgia custody case. A court tries to determine a schedule that is in the best interests of the children and works for the parents as well.
Can a Father Take a Child Away From the Mother?
If parents are unable to agree on a plan for custody and visitation of their child, they would have to go to court. Parents may always agree on a plan for the parenting of their child, although they would want to get the plan put into a court order by a Georgia court. That is because a court order can be enforced, whereas an unofficial plan might not be enforceable.
A court is unlikely to award the father sole physical and legal custody except in extreme circumstances. The reason for this is that a court is very unlikely to determine that it would be in the best interests of the child not to have a full relationship with its mother.
The only circumstances in which one parent might be able to take custody away from the other are as follows:
- Child Neglect: If a mother should act so as to present a danger to the health, safety, or well-being of a child, she may lose custody rights. This would involve such extreme actions as repeatedly failing to provide needed food, clothing, shelter, supervision, or medical care.
- Child Abuse: Abuse of any type may lead a parent to lose custody. A mother herself may not have to be the perpetrator of the abuse. If the mother fails to protect her child from abuse by another, e.g., a new boyfriend, she might lose custody.
- Violation of a Court Order: If a mother were to fail to follow a court order, especially one regarding custody and visitation, e.g., by failing to allow a father his parenting time, this might lead to a loss of custody.
- Domestic Violence: If the mother has been the perpetrator of domestic violence against any member of the household, this might lead a court to deny the mother custody.
- Substance Abuse: If the mother is afflicted with addiction to alcohol or drugs, this could mean that she would not win custody. She might even lose the right to parenting time. This would be done to protect children from exposure to both substances and addiction.
Can I Move With My Child Without the Father’s Permission?
A father’s paternity might have been established, and he may share custody of the child or have a visitation plan. In that case, the mother may not move with the child without the father’s permission if moving would disrupt the custody or visitation situation.
Of course, if the father has sole physical or legal custody, then the mother would not be able to move with the child without the father’s permission. If the father has sole physical custody, then the child lives with him. If the father has sole legal custody, then the father has the right to make decisions about the child’s upbringing. Moving without the father’s permission would be the kind of action that could lead to the mother losing custody and/or visitation herself.
In any event, if either parent wants to move to a new location and moving would disrupt the parenting plan or make it impossible for the parents to continue their existing plan, the parent must go to court and petition the court to decide whether they may move and define a new plan for custody and visitation.
Do I Need a Lawyer for Help With Child Custody Matters if I Am a Single Mother?
If you are a single mother and have concerns about custody and visitation, you want to talk to a Georgia child custody attorney. LegalMatch.com can connect you with an attorney who will analyze the facts of your case thoroughly. They can guide you through the process of getting a custody and visitation plan that works for you and your child.
