Father's Rights: Everything You Need to Know
In Georgia, fathers get the same parental rights as the mothers such as visitation, child custody and child support. As the father, you also have the right to make decisions for your child like how he should be raised and what his religious upbringing will be. However, there is a need to go to court for this especially when you and your partner are not in good terms.
Child Custody in Georgia
When the parents are married, both the mother and father have equal rights to get custody of the child. However, if one wants sole custody, that parent must go to court to file for legal custody. When deciding who to award child custody to, the court always considers the best interest of the child.
Go to your county’s Superior Court to file a petition for child custody. If you’re also filing for a divorce, the petition is included in the divorce papers. It’s best to seek legal advice first before filing a petition to begin child custody proceedings.
There are two types of child custody: legal and physical. The child lives with you if you have physical custody. If you get legal custody, you get to make major decisions for your child. When both the physical and legal custody is shared, one parent is designated as the primary custodial while the other will have the final say in the parenting decisions.
The orders stay in place until the child turns 18 years old. Should one parent wants to modify the custody order, that parent must file another petition for modifying custody. They must prove that there have been changes that will impact the child’s future and well-being.
Hobson & Hobson, P.C is comprised of highly trained paternity rights attorneys in Alpharetta that rely on our special litigation training and over 30 years of combined experience in paternity rights cases to provide each client with an effective outcome while fighting for your parental rights. Contact us at 770-284-6153 or submit a contact form for us to contact you ASAP.
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Helping Canton, Georgia with Child Custody Cases
If you’re undergoing a divorce, contact us today for help navigating the complex legal process.
The highly sensitive issue of child custody can turn out to be one of the most emotionally draining and challenging phases of an individual’s life. When divorcing parents don’t find themselves on the same page, the subsequent court struggle can bring turmoil.
But we can help. Hobson & Hobson’s child custody attorneys in Canton, Georgia specialize in facilitating parents undergoing custody battles. If you are interested in scheduling a consultation and discussing your case, do not hesitate to reach out.
See for yourself what our clients have to say about our child custody attorney services in our customer reviews.
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How the Court Decides to Get Custody
The court will look at who among the parents can give the child a better future. If you care for your child, it’s important to provide evidence to the court to get a positive result.
You may need to also have witnesses that can prove the child will be better off with you. Get as much evidence including school and medical records. If you’re living with another person or has a criminal record, this will affect the judge’s decision.
When your child is 14 years old or older, he can choose which parent to live with.
The court can grant the child’s wishes unless the judge decides that living with the said parent will not be in the child’s best interests.
Some factors a judge considers when deciding who should get custody of the child:
- Emotional ties that exist between the child and the parent
- Physical and mental condition of each parent
Ability of the parent to meet the child’s needs including education, food, medical care and clothing
- Involvement in the child’s social, educational and extracurricular activities
When You Are Not the Biological Father
You can still defend your right as a de-facto parent albeit you’re not the biological father. To secure parental rights, you must provide proof that you constantly provide care for your child, the child has lived with you for a significant period of time, and you took full responsibility for the child without being compensated.
We recommend you see a lawyer about this, to help guide you on what to do next, and how to make informed decisions about child custody.
Ready to Get Started?
We can help. We can guide you through the consultation process starting with a scheduled call back from a member of our intake team. If you would prefer to speak directly and confidently with an attorney, a paid hour consultation is also available. To arrange a meeting, contact us today.
Ready to Get Started?
We can help. We can guide you through the consultation process starting with a scheduled call back from a member of our intake team. If you would prefer to speak directly and confidently with an attorney, a paid hour consultation is also available. To arrange a meeting, contact us today.
Contact Hobson & Hobson Today to Talk to Experienced Father's Rights Lawyers in Canton, Georgia
What to Do When the Mother Denies Child Visitation
If you and the mother of your child isn’t married, you must first legitimize the child to declare your right to such visitation. Legitimacy is important or the mother may deny you the opportunity to see the child. The court must recognize you as the father and the only way to do this is through legitimation.
What is Legitimation?
It is the process the father uses to establish his parental rights to his child or children born out of wedlock. Without this, you will have no right to visitation or child custody. Children born out of wedlock also don’t automatically have the right to inherit from their dads.
Are you looking for a parental rights lawyer? Contact our Canton office and speak with one of our father’s rights lawyers to learn more about how to obtain custody during a divorce.
