In Georgia, unmarried fathers have specific rights when it comes to child custody, but they don’t automatically receive these rights. Understanding how Georgia law handles custody matters for unmarried fathers is important if you’re seeking to establish or enforce your rights.
Establishing paternity
In Georgia, an unmarried father must first establish paternity to gain legal rights to his child. He can do this through a voluntary acknowledgment of paternity or through a court order. If paternity isn’t established, the father doesn’t have legal standing to pursue custody or visitation. This step is essential for any future custody case.
Custody and visitation rights
Once paternity is established, an unmarried father gains the same rights as a married father. He can seek legal and physical custody, or visitation if joint custody isn’t feasible. Georgia law encourages both parents to be involved in the child’s life, and courts generally prefer joint custody arrangements unless a reason exists to limit one parent’s involvement, such as abuse or neglect.
The court will always prioritize the best interests of the child, which includes both parents being active in decision-making and the child’s life. If you can demonstrate that having both parents involved benefits your child, the court will likely grant some form of visitation or custody.
The role of the courts
If you’re an unmarried father and face challenges securing custody or visitation, Georgia family courts will determine your rights based on several factors. These include your relationship with the child, your ability to provide for their needs, and the child’s best interests. Courts tend to favor fathers who actively participate in their child’s upbringing.
Unmarried fathers do have rights, but they must take the necessary steps to secure them through paternity establishment and legal actions.