(Newswire.net — January 3, 2019) — When two people have a child before they marry, there are a few legal issues. The law regarding children and unwed parents is somewhat complex. Learn more about Georgia’s child custody laws for unmarried parents.
Who Has Custody?
When parents are unmarried and have a child, the law automatically declares the mother as the one with sole custody. Although both parents can choose to provide for the child, the mother has the legal power.
In fact, a father has no rights to custody or visitation. At least, he doesn’t have any rights until the father takes legal action to establish custody or visitation. Whether or not he proves paternity, he needs to create a legal relationship between himself and the child.
That said, paternity does mean something. If an unmarried father’s name goes on the birth certificate, the mother can require him to pay child support. However, he has no other rights until he takes his case to the court.
How Can a Father Establish a Legal Relationship?
Before a father can establish a legal relationship, or legitimation, he needs to prove paternity. If his name appears on the birth certificate, he has presumed paternity. He could also use a genetic test to prove that he is the father. By filing a petition to establish paternity, a father can take the first step towards getting visitation and custody.
Another way of acknowledging paternity is to file a Paternity Acknowledgement form. In addition to placing the father’s name on the birth certificate, this form also holds him responsible for paying child support.
How Legitimation Works
If a father wants visitation or custody, he needs to file legitimation. Once he establishes paternity, he can do so. However, he must be the biological father and must file in the county in which the mother resides.
In the legal action for legitimation, the father can include actions for custody, parenting time, or visitation. The mother can only challenge the action if she claims that the father is not the biological father. Additionally, she can claim that the father lost his chance to build a relationship with the child.
If the court disagrees with the mother’s claims, then the court will grant the action. However, it’s not always a straightforward process.
How Does the Court Handle Custody and Visitation?
Once the legitimation process is complete, the job is only halfway done. Both parents still need to create a plan for custody and visitation. If they can’t agree upon the terms, then they need to go to court.
Much like child custody cases involving married couples, child custody cases for unmarried couples is at the discretion of the court. A family court judge decides how much access each parent can have to the child.
In Georgia, the court will either declare sole or joint custody. Although the court tends to favor mothers, this isn’t always the case. The court analyzes the situation and determines what arrangement would be in the best interest of the child.
Whether you are the mother or the father, you could be in for a battle. Getting a desired outcome depends on several factors. For example, it depends on the skill of your child custody lawyer in Newnan, GA. With the right lawyer, you improve your chances of getting a good outcome. Other factors include the mindset of your judge and your ability to care for the child.