When parents decide to separate, they must determine how they will care for their children when living apart. Unmarried and married parents can face a long and uphill battle in determining child custody and parenting time. When there is a court order, parents know exactly how custody will work, when they will spend time with their children, and who is responsible. However, what happens when there is no court order? Who has custody of the child?
In Georgia, court orders help solidify custody arrangements. These orders establish the parents’ legal rights and responsibilities and enforce them legally. With a court order, parents know who cares for the children and where the children will reside. Court orders often outline who can make important life decisions for the children and when parents get to spend time with their children. Without a court order, custody can lead to disputes and uncertainty for everyone involved.
Default Custody Arrangement for Unmarried Parents in Georgia
In Georgia, a default custody arrangement is in place when parents are not married. The mother is typically granted sole custody of the child until paternity is legally established. This means that the child resides primarily with the mother, and she has decision-making authority.
Establishing paternity is crucial in determining custody if the parents are unmarried. It grants legal recognition to the father and provides him with certain rights and responsibilities. Signing or being named on a birth certificate is not enough. Fathers must establish their paternity in one of two ways:
- Mother voluntarily acknowledging paternity
- Georgia paternity court-ordered DNA test
Once paternity is established, the father can seek custody or visitation rights. The court will consider the child’s best interests when making custody decisions, including the father’s relationship with the child, stability, and ability to provide a safe environment.
In some cases, temporary custody arrangements may be necessary. This could occur when parents are separating and a formal custody order is pending. Temporary custody ensures the child’s needs are met during this transition period.
Default Custody Arrangement for Married Parents in Georgia
Child custody default arrangements change significantly when parents are married. Under Georgia law, when a married couple with children decides to divorce, both parents have equal rights to custody of their children. Neither parent is automatically given custody.
If one parent desires sole custody and wishes to be the primary decision-maker for the child, they must take legal action by going to court. Georgia courts determine custody arrangements when parents cannot agree independently. To obtain sole legal custody, a parent must petition the court and provide evidence and arguments demonstrating why sole custody is in the child’s best interests.
In cases where no court order specifies custody arrangements, the default position in Georgia is that both parents are expected to share custody of their children. Shared custody implies that both parents have a say in important decisions regarding the child’s upbringing, including education, healthcare, and religious matters. Moreover, it typically involves a shared physical custody arrangement, meaning the child spends time with both parents.
When there is no court order in place, it becomes the parent’s responsibility to work together to establish a long-term custody agreement that serves the best interests of their children. This involves open communication, cooperation, and willingness to meet the children’s needs.
Alternatives to Court
Not all child custody disputes need to be resolved in court. Alternative methods, such as mediation and negotiation, are less adversarial and more collaborative, often resulting in more amicable custody arrangements.
Co-parenting agreements are another alternative. These written agreements outline each parent’s responsibilities and the child’s schedule. While not legally binding like court orders, they can provide a clear framework for co-parenting.
How Can a Georgia Family Lawyer Help?
Navigating child custody matters in Georgia can be challenging, and it helps to have an experienced child custody lawyer on your side from the start. An experienced Georgia family law attorney can provide guidance, explain your rights, and represent your interests in court. They can help you navigate the legal process and work towards a custody arrangement that is in your child’s best interests.
Custody matters can sometimes take unexpected turns, such as allegations of neglect or abuse. In such crises, having a child custody attorney on your side is crucial. They can provide immediate legal counsel, help you understand your options, and assist in responding effectively to protect your child’s interests.
While court orders are essential for formalizing custody arrangements, alternatives like mediation and negotiation can also play a significant role in reaching agreements prioritizing the child’s well-being.
Contact Our Atlanta Child Custody Attorneys
At Hobson & Hobson, P.C., our Atlanta child custody lawyers can help protect your children and parenting rights. We are here to help you through this difficult time and will be with you if you wish to seek paternity, sole custody, or shared custody with your ex.
Call us today at (770) 284-6153 or fill out our confidential contact form. We can set up a consultation so that you can review all your legal options. We know that your children mean everything to you. That’s why we fight aggressively every step of the way to protect what you value most.
Attorney Sarah Hobson at Hobson and Hobson, P.C. are powerful advocates for those who fight for better futures for those going through divorce and custody law matters.