When parents are unmarried and decide to separate, one of the most important issues that they will face is child custody. In the state of Georgia, child custody laws for unmarried parents differ slightly from those that apply to married couples. Understanding these laws can help parents make informed decisions and ensure that their child’s best interests are protected.
Legal and Physical Custody
In Georgia, custody is divided into two categories: legal and physical. Legal custody refers to a parent’s right to make important decisions about their child’s welfare, including education, healthcare, and religion. Physical custody, on the other hand, refers to where the child will live on a day-to-day basis.
When parents are unmarried, the mother is typically presumed to have legal custody of the child. However, this presumption can be overcome if the father can show that it would be in the child’s best interests for him to share legal custody. In cases where both parents share legal custody, they must work together to make important decisions about their child’s welfare.
Determining Physical Custody
When it comes to physical custody, Georgia courts focus on the best interests of the child. This means that they will consider a variety of factors when making a decision about where the child will live. These factors include:
The relationship between the child and each parent
Each parent’s ability to provide for the child’s physical and emotional needs
Each parent’s living situation and stability
The child’s wishes (if they are old enough to express a preference)
Each parent’s willingness to facilitate a relationship between the child and the other parent
In some cases, the court may award sole physical custody to one parent, while in others, they may order joint physical custody. Joint physical custody means that the child will spend roughly equal amounts of time with each parent.
Establishing Paternity
When parents are unmarried, establishing paternity is an important step in determining child custody. If the father’s name is not on the child’s birth certificate, he must take legal action to establish paternity. This can be done through a DNA test or by signing a Voluntary Paternity Acknowledgment form.
Once paternity is established, the father will have legal rights and responsibilities regarding his child, including the right to seek custody or visitation. If the mother disputes paternity, the father may need to go to court to establish it.
Modifying Custody Orders
Even after a custody order is in place, it may be necessary to modify it if circumstances change. For example, if one parent moves out of state, or if the child’s needs change, a modification may be necessary to ensure that the child’s best interests are still being met.
To modify a custody order, the parent seeking the change must show that there has been a significant change in circumstances since the original order was issued. This change must also be shown to be in the child’s best interests.
Working with an Attorney
Navigating child custody laws can be challenging, especially for parents who are unmarried. Working with an experienced family law attorney can help ensure that your rights and your child’s best interests are protected. An attorney can help you understand the law, negotiate with the other parent, and represent you in court if necessary.
In Conclusion
Child custody can be a complex issue for unmarried parents in Georgia. Understanding the state’s custody laws, including legal and physical custody, establishing paternity, and modifying custody orders, is crucial for making informed decisions about your child’s future. Working with a knowledgeable family law attorney can help you navigate this process and ensure that your child’s best interests are protected.
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