Our Alpharetta Child Custody Attorneys Protect Your Parental Rights

If you are not married to the mother of your child, you must legitimate the child to gain legal rights. Under Georgia law, an unmarried father does not automatically have custody or visitation rights. Without legitimating the child, the father has no legal standing to request custody or visitation, even if he is actively involved in the child’s life. Once the child is legitimated, the father can pursue a custody arrangement or visitation schedule that ensures his involvement in the child’s upbringing. The legitimization process is crucial for unmarried fathers to establish their parental rights.

Typically, in joint custody arrangements, both parents share legal custody, meaning they must collaborate on important decisions affecting the child’s life, such as healthcare, education, and extracurricular activities. However, in many cases, one parent is granted primary physical custody, meaning the child spends the majority of their time living with that parent, while the other parent has a visitation schedule. This can include weekends, holidays, or extended summer stays. It’s important to note that every custody plan is tailored to the specific needs of the child and the parents, and there is no “one size fits all” arrangement. The courts always prioritize the child’s best interest.

Yes, a child custody order can be modified if there has been a significant change in circumstances that impacts the welfare of the child. For example, if one parent experiences a substantial change in income, relocation, or if the child’s needs evolve (e.g., educational or medical requirements), either parent can petition the court to reevaluate the custody arrangement. Keep in mind that the court will only grant modifications if it determines that the changes will benefit the child’s well-being.

Yes, if you are the legal custodian and plan to move out of state with your child, you must first obtain permission from the court or receive written consent from the non-custodial parent. This is because an out-of-state move can significantly impact the child’s relationship with the non-custodial parent, as well as existing visitation arrangements. Failing to secure proper authorization before relocating can result in legal consequences and even a potential modification of custody if the court deems the move detrimental to the child’s best interest.

In Georgia, the court’s primary concern is the best interest of the child. Several factors are taken into account, such as the child’s relationship with each parent, each parent’s ability to provide a stable home environment, the child’s preferences (if they are old enough to express one), and any history of domestic violence or substance abuse. The court will evaluate both legal and physical custody and may award joint or sole custody based on what arrangement will best support the child’s physical and emotional well-being.

Sole custody means that one parent has both physical and legal custody, giving them the primary responsibility for the child’s day-to-day care and the authority to make all major decisions about the child’s life. Joint custody, on the other hand, can mean sharing both physical and legal custody, or just one of the two. In a joint legal custody arrangement, both parents have a say in major decisions, while joint physical custody typically involves the child spending time living with both parents.

In Georgia, a child who is 14 years old or older has the right to express a preference for which parent they want to live with, and the court will take this preference into account when making a custody decision. However, the child’s choice is not the final determining factor. The court will still evaluate whether the child’s preference aligns with their best interest and may choose differently if the preferred arrangement is not deemed beneficial for the child’s welfare.

If a parent is not complying with the terms of a custody order, the other parent can file a contempt action with the court. This legal action requests that the court enforce the custody arrangement and hold the non-complying parent accountable. The court may impose fines, modify visitation schedules, or, in extreme cases, change the custody arrangement if the violations are severe and ongoing.

A non-custodial parent still retains rights, particularly if they share legal custody with the custodial parent. This includes the right to be involved in decisions about the child’s education, medical care, and extracurricular activities. They also have the right to maintain a meaningful relationship with their child through a court-ordered visitation schedule. If a non-custodial parent feels that their rights are being violated or their visitation is being unjustly restricted, they can request court intervention to address the issue.

While child support and custody are two separate legal matters, failing to pay child support does not directly affect custody rights. A parent cannot be denied custody or visitation solely because they are behind on child support payments. However, the parent owed support can take legal action to recover unpaid amounts, including wage garnishment or other enforcement methods. Likewise, withholding visitation is not an acceptable response to missed support payments, as it is against the law to restrict a parent’s access to their child in retaliation for unpaid support.