In the state of Georgia, the justice system does assign superior rights automatically to one parent. Therefore, a mother or father in a custody decision is not automatically determined to be the rightful custodian of the child or children. Although 90% of custody decisions are given in favor of a mother having primary physical custody, the trends are slowly balancing out.
(Note; Legal and physical custody can be shared or be sole. Legal custody entails which parent can make the decisions for the child (like schooling, doctors, etc). Physical custody pertains to where the child lives and who is responsible for caring for the child or children).
In the past many states entrusted mothers with custody at much higher rates than fathers. However, recently this custom has been reversed and repealed. Nowadays, fathers should see their fight for custody as being more equal than what previous conventional thinking might have suggested. A judge will consider both parents lifestyle, including their work, relationship with the child, proximity with the child, and other factors, when granting custody. It’s also much more prevalent for custody to be shared both legally and physically. One thing to note is that although a mother might still be given ‘primary’ physical custody, this label does not mean that both parents do not share responsibility.
For an unwed father to request custody in the state of Georgia he must be seen as the legitimate or legal father of the child under Georgia law. Father’s rights are established for unwed fathers who are not the legal guardian after the father has initiated the process of legitimation. This process grants the father the rights to have custody and visitation rights and to claim full parental rights. This will also allow a child to choose where to live if the child is above the age of 14 and the judge presiding allows it.
An experienced attorney in family law and divorce is recommended when handling custody agreements and throughout the entire separation process. Attorneys can help father’s fight for their rights. Not all attorneys have the knowledge or expertise dealing with delicate family situations like custody agreements and separations.
If you are a father going through a custody agreement, or if you need a custody modification, the Atlanta family law attorneys at Edwards Law Group are ready to help. We have decades of combined experience in Georgia family law. We’re a compassionate law firm that knows the difficulty you’re going through and knows how to help. Call us at 770-723-7211 for a consultation about your case today.
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