georgia laws on child custody with unmarried parents

asalmes

3 min read

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03-12-2024

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Georgia law addresses child custody arrangements for unmarried parents differently than for married couples. The primary focus is always on the best interests of the child. Understanding these laws is crucial for unmarried parents navigating separation or establishing legal custody and visitation arrangements.

Establishing Paternity

Before any custody orders can be made, paternity must be legally established. This can be done in several ways:

• Acknowledgement of Paternity (AOP): Both parents sign a form acknowledging the father's paternity. This is the simplest and most common method.
• Genetic Testing (DNA): If paternity is disputed, a court can order DNA testing to definitively determine the father.
• Court Order: If an AOP is not completed or paternity is contested, a court hearing may be necessary to establish paternity legally.

Once paternity is established, the court can move forward with determining custody and visitation.

Legal Custody vs. Physical Custody

Georgia law distinguishes between legal custody and physical custody:

• Legal Custody: This refers to the right to make major decisions concerning the child's life, such as education, healthcare, and religion. Joint legal custody is often awarded, meaning both parents share decision-making authority. However, one parent might be designated as the primary decision-maker in specific areas.
• Physical Custody: This refers to where the child lives. Similar to legal custody, physical custody can be joint (meaning the child spends significant time with both parents) or sole (meaning the child primarily resides with one parent).

The court will consider various factors when determining custody arrangements, giving significant weight to the best interests of the child.

Factors Considered in Determining Custody

The court considers a wide range of factors when deciding what custody arrangement is in a child's best interest. These factors can include, but are not limited to:

• The child's wishes: While not determinative, the court considers the child's preferences, especially for older children.
• Each parent's parenting skills and abilities: The court assesses each parent's capacity to provide a stable and nurturing environment. This often involves home visits and interviews.
• The child's physical and emotional needs: The court considers the child's overall well-being and what environment best supports their development.
• Evidence of domestic violence or abuse: A history of domestic violence or child abuse can significantly impact custody decisions.
• The child's relationship with each parent: The court considers the bond between the child and each parent.
• The parents' ability to cooperate and communicate: Constructive co-parenting is crucial, and the court assesses the parents' capacity to work together for the child's benefit.
• The child's adjustment to home, school, and community: Disrupting a child's established routines and relationships should be avoided whenever possible.

How to Determine Custody

Several options exist for determining custody arrangements:

• Negotiation and Agreement: Parents can reach a mutual agreement regarding custody and visitation through mediation or negotiation with legal counsel. This agreement is then submitted to the court for approval. This is often the preferred and most efficient route.
• Litigation: If parents cannot agree, the matter will be decided by a judge in court. This involves presenting evidence and arguments to support the desired custody arrangement. This process can be lengthy and costly.

Modifying Custody Orders

Custody orders are not set in stone. If circumstances significantly change, either parent can petition the court to modify the existing order. Such changes might include a move, a change in employment, or a significant change in the child's needs. The court will again consider the best interests of the child when reviewing any modification requests.

Seeking Legal Advice

Navigating Georgia's child custody laws, especially for unmarried parents, can be complex. It's strongly recommended to seek legal counsel from a qualified family law attorney. An attorney can help guide you through the process, protect your rights, and advocate for the best possible outcome for you and your child. They can help you understand the intricacies of the law and ensure your rights are protected throughout. Remember that the well-being of your child is always paramount.