Father’s Rights Attorneys in Roswell, GA
Father’s Rights Attorneys in Roswell, GA: What to Know When You Get Divorced
Most people who’ve had parents divorce when they were young know the feeling of living in a divided household. They celebrated two Christmases yearly but may have felt like they were shuttled back and forth between families.
Divorce can prove a complicated process, especially when young children get involved. Who gets the opportunity to raise the children if one of the parents ends up moving away from the other? And what are the father’s rights in this situation when spectators tend to favor the mother?
Hobson & Hobson, P.C is comprised of highly trained paternity rights attorneys in Roswell, GA 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.
Here’s everything you need to know about Georgia child custody laws and what a father should expect when fighting for custody.
Constitutional Rights for Parents
In 2000, it was decided that the United States Constitution protected the fundamental rights of parents in our country. Both parents have the right to a say in their child’s care, upbringing, and education. Additionally, the government should have no say in this topic unless one parent is deemed unfit.
What this means for both biological parents is that neither the father nor the mother is considered more important than the other when it comes to their children. Mothers’ rights in Georgia do not supersede those of the father.
In other words, a woman divorcing her husband does not immediately have custody over their child. Child custody must be agreed upon between the two parties or decided in a courtroom.
The Types of Custody and Visitation
In Roswell and throughout Georgia, there are two ways to decide custody arrangements when a couple divorces or separates. In many cases, the parents will agree regarding custody and visitation on their own, and this agreement is then put into writing and officially signed by both parties.
If parents cannot agree on custody and visitation particulars, then the judge will step in and decide the best arrangements for the child’s interests.
Georgia law recognizes two types of custody:
- Physical custody
- Legal custody
Child Custody Laws in Georgia
Each state deals with child custody in a slightly different way. For example, Arkansas determines custody based on factors such as a parent’s home environment, work schedule, and a child’s preference. In Colorado, the custody process is referred to as “allocation of parental responsibilities”.
Custody laws in Georgia state that child custody is an issue between the parents. If brought to court, the judge makes the decision regarding custody.
The judge considers relevant factors to determine the best interests of the child. These include but are not limited to the love and affection between the child and their parents, familiarity between them, and the stability of the family unit.
Joint custody may be considered by the judge, in addition to any other form of custody appropriate to the family’s situation.
Our father’s right lawyers are well versed in helping our clients understand their unique situations. It’s important that unique situations are taken into account, such as the repeated absences of a military parent. In their case, repeated deployments are not taken as the sole factor in support of or against their claim.
Otherwise, there are no specific laws in support of or working against a father’s appeal for sole custody.
Establishing Paternity
One issue that may come up when fighting for custody is establishing paternity. A father legally has the right to seek custody if they were married to the mother, has developed an emotional attachment to the child, or seeks to establish legal rights. In addition, it will be more challenging but not impossible for a non-biological father to gain custody over their child.
For most divorces, paternity is not up for debate. As long as the child was born in wedlock, both parents have equal standing. It is highly recommended a father’s rights attorney is enlisted when the case of unmarried parents is more complicated.
A legitimate claim requires genetic testing to prove the relationship between father and child. Your claim is strengthened if you have helped raise your child before seeking custody or guardianship.
Factors That Can Affect Your Parenting Rights
There is always a chance that your significant other will challenge your parenting rights during the divorce proceedings. Their legal team will look to a variety of different factors that may affect how you appear to the judge.
For example, a history of violence or criminal activity doesn’t look great. Even if the event happened over a decade ago, it may still influence the decision.
Furthermore, there are specific circumstances that may provide grounds for involuntary termination of parental rights. The most common grounds include severe abuse or neglect, long-term mental illness, and failure to support the child. Even if you’re only seeking separation, that may provide the other parent an opportunity to challenge your rights.
Types of Custody
Child custody after divorce isn’t always a matter of winning or losing. In most cases, it comes down to deciding on a type of custody that works for the entire family.
A father’s rights lawyer can help you understand these two key dynamics that come into play during the process: physical vs legal custody and sole custody vs joint custody.
Physical custody refers to the child’s physical placement with their parents. Legal custody is more about who makes decisions regarding the child.
In most cases, physical and legal come hand-in-hand. However, there are some cases where a child may live with both parents but only one has legal custody.
Sole custody and joint custody combine the physical and legal aspects of caring for a child. Under sole custody, one parent has primary physical custody. Joint custody has both parents dividing responsibilities.
In the case of joint custody, it’s important to come up with a plan for unique situations, such as who gets your child during the summer months or if one of you works with the military.
Visitation Rights
Even if you or your spouse do not obtain sole child custody, they may still be allowed visitation. Visitation rights let a parent see and care for a child at specific times according to an established plan. However, they cannot make any major decisions regarding their child.
Keep in mind that visitation is different from joint custody. In most cases of joint custody, there is a level of co-parenting between the two. Both parties can make major decisions, even if they are not on good terms with one another.
If you find yourself without child custody after a separation or divorce, you shouldn’t lose hope. Continued visitation and proven change may allow you to petition the court to have a custody decision reversed later on.
A Father’s Rights After Divorce
A nasty divorce shouldn’t result in you losing touch with your children. The father’s rights are just as important as the mother’s rights in this country. As long as you have a clean record, all you need is the support of a good attorney.
Hobson & Hobson, P.C. is here is help you with your family law case in Atlanta, Georgia. Our attorneys work to get you the best resolution with the hopes of avoiding litigation. Contact us to schedule a consultation and learn more about our firm.
Contact Hobson & Hobson Today to Talk to
Experienced Father's Rights Lawyers in Roswell, Georgia
At Hobson & Hobson, we know that working through a divorce and handling family law issues can be challenging. We bring our extensive experience dealing with child support issues to every case involving children.
For more information or to reach knowledgeable Roswell father’s rights lawyers today, visit our law firm website and fill out our contact form. Or you can call our Roswell office at (770) 467-3275.
