Do you know your rights as a divorcing or single parent? Georgia family law is complex, so many mothers and fathers turn to attorneys for knowledge and advice. The following are common questions parents ask regarding child custody statutes.

Georgia Family Law FAQ on Child Custody

Do Mothers & Fathers Have Equal Child Custody Rights?

In Georgia, married parents have equal custody rights to children born within the marriage. When a child is born outside of marriage, only the mother has custody rights.

What Are an Unmarried Father’s Options?

An unmarried father who wants custody or visitation rights must legitimate the child. Both parents can sign a voluntary acknowledgment of legitimation. Alternatively, the father can file a legitimation action for recognition as the child’s other parent. This action covers requests for custody, visitation, child support, and inheritance rights. Family law attorneys advise and represent parents seeking to legitimate their children. 

Who Decides Custody When Parents Divorce?

When parents disagree, courts decide custody based on what is in the best interest of the child. Judges often award joint legal custody, which means both parents have the authority to make decisions about their child’s education, religious upbringing, and health matters. One parent may receive primary physical custody, which means the child spends most of their time with that parent.

What Are Parenting Plans?

Parenting plans help parents decide how to arrange custody and visitation. Family law and divorce attorneys know every Georgia case involving custody or visitation requires a formal parenting plan. Parents can submit joint or separate plans to the court for approval.