Fathers Rights In Georgia: Do You Have Any?

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Fathers Rights In Georgia - Fathers Rights Georgia - Unmarried Fathers Rights In Georgia - Fathers Custody Rights In Georgia

What are fathers rights in Georgia? 

This article is going to go over:

  • married vs unmarried fathers rights in Georgia
  • what custody laws affect you the most
  • how to gain paternity rights
  • how to legitimize a child
  • how to get custody of your child
     

Let’s dig in.

Custody can be devastating. It’s heartbreaking when parents lose custody of their children. Spouses end up having to pay agonizing amounts of financial support.

If you want to protect your rights, not wrongfully lose custody, and not get raked over the coals financially, fill out the form below. Free consultations are first come first serve. We always run out of slots. Make sure you get yours locked in now.

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Fathers Rights In Georgia - Fathers Rights Georgia - Unmarried Fathers Rights In Georgia - Fathers Rights GA

Fathers Rights In Georgia

When it comes to father’s rights in Georgia, there are two main scenarios:

  • married fathers
  • unmarried fathers 
     

Related: How Can A Father Get Full Custody of His Child

Married Fathers Rights Georgia

Married father’s rights in Georgia are way more friendly to the father. 

When you’re married, you automatically have father’s rights in Georgia. 

This means you have full parental rights

A married father’s rights are the same as a mother’s custody rights

You have equal rights to visitation and custody of your child. 

And the courts believe it’s in the child’s best interest for the parents to have a 50/50 split. 

So, if you’re worried about father’s rights in Georgia, here’s what you should know. 

The father has equal rights to the child that the mother does

(This doesn’t mean the custody ruling will be fair.)

And the father can file a petition for custody and visitation at any time. 

The courts want both parents equally involved in the child’s life. 

Even though father’s rights are equal, it can still be hard to get 50/50

But you can get 50/50 custody if you are:

  • a good parent
  • a good co-parent
  • fully involved in the child’s life

It’s important to note that your perception of being a good parent may differ from the court’s

But a good custody lawyer will be able to guide you through the ‘best interests of the child.’

They will help you set up your life to accommodate the best interests of the child.

This way, you can exercise your father’s rights in Georgia. 

Which means you increase your chances of getting 50/50 custody

And in some cases, it can mean that a father is getting full custody

Related: Georgia Child Support Laws for Non Custodial Parents

Unmarried Fathers Rights In Georgia

An unmarried father’s rights in Georgia are not automatic. 

If a child is born out of wedlock, then the father is not legally the father

(Even though he is biologically the father.)

An unmarried father’s rights in Georgia depend on whether he has proven paternity

And, without proving paternity, he has zero rights to the child. 

The father cannot even request to have visitation or custody. 

And the mother has zero obligation to let an unmarried father see the child. 

To gain rights to the child, the unmarried father has to establish paternity

After establishing paternity, he now has his father’s rights in Georgia. 

But don’t celebrate yet

This ONLY means that he now has the right to file a petition for custody and visitation. 

Until the court orders get issued, the unmarried father only has the right to FILE for custody and visitation. 

But after paternity gets proven, the father will owe child support. 

You will owe child support even though you don’t have custody or visitation rights. 

So, the steps to gaining father’s rights in Georgia are:

  1. Take A Paternity Test
  2. Establish Paternity
  3. Start Paying Child Support
  4. Legitimize The Child
  5. File A Petition For Custody And Visitation
     

Related: How Can A Father Get Full Custody of His Child

Georgia Custody Law - Georgia Custody Laws - Georgia Custody Laws For Unmarried Parents - Can A Father Take A Child From The Mother

Georgia Custody Law

Georgia custody laws require a judge to make custody decisions that are in the child’s best interests. 

Remember that the “child’s best interest” according to the Georgia custody laws may differ from your opinion. 

Georgia custody laws require a judge to consider the following factors:

  • each parent’s home environment
  • each parent’s ability to care for and nurture the child
  • each parent’s physical and mental health
  • each parent’s emotional ties to the child
  • each parent’s ability to provide the child with clothing, food, and medical care
  • the relationship between the child and any siblings, half-siblings, or step-siblings
  • each parent’s familiarity with the child’s health, educational, and social needs
  • each parent’s involvement in the child’s schooling and extra-curricular activities
  • each parent’s willingness to foster a relationship between the child and the non-custodial parent
  • the relative stability of each parent
  • any history of substance abuse by either parent
  • any history of physical abuse, sexual abuse, or neglect of children by either parent
  • any criminal histories of either parent
     

Related: If There Is No Custody Order In Place Can I Take My Child

Can A Father Take A Child From The Mother

An unmarried father cannot take a child from the mother. 

This is because the mothers have full legal and physical custody of children born out of wedlock. 

It can be considered parental kidnapping if a father takes a child from the mother. 

The father cannot take the child from the mother without a custody agreement. 

And fathers have zero custodial rights of a child born out of wedlock. 

(Until paternity gets established and the child gets legitimized.)

Related: Moving Out of State With Child No Custody Agreement

Georgia Custody Laws For Unmarried Parents

Georgia custody laws for unmarried parents give the mother full custody. 

The father has zero rights to the child.

An unmarried father who wants rights to the child needs to establish paternity. 

(Unmarried fathers who do NOT establish paternity do not owe any child support.)

And paying child support does not give you any rights to the child. 

To have father’s rights in Georgia, you have to legitimize the child. 

After legitimation, you have the ABILITY to file for custody and visitation. 

Legitimation doesn’t give you custody rights. 

It gives you the right to file a petition to get custody and visitation of your child. 

Related: I Need A Divorce Lawyer And Have No Money

Legitimize A Child In Georgia - How To Legitimize A Child In Georgia - How To Legitimize A Child In GA

How To Legitimize A Child In Georgia

There are three ways that you can legitimize a child in Georgia

  • The mother is not married at the time of birth. The biological father can legitimize a child by marrying the mother.
  • The child is less than one year old. The father can legitimize a child by signing an “acknowledgment of legitimation.”
  • The mother gives birth in a Georgia hospital. The father can sign an acknowledgment of legitimation and an acknowledgment of paternity. Both documents have to be notarized and submitted to the State Office of Vital Records.
Georgia Paternity Laws - Fathers Rights In Georgia - Fathers Custody Rights In Georgia - Georgia Custody Laws

Georgia Paternity Laws

Georgia paternity laws state that a child born out of wedlock is illegitimate. 

To establish a father’s rights in Georgia, a child must get legitimized. 

This is the only way a father can gain legal rights to the child. 

Otherwise, the mother is the only parent who has any rights to the child. 

And when a child is born out of wedlock, the mother automatically has full rights and custody. 

Georgia paternity laws state that the father owes child support once paternity gets established. 

And he can file a petition for legitimation ONLY after paternity gets established.

Related: Custody Battle For Fathers

Don’t Lose Your Father's Rights In Georgia

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