Whether you have become a single mother through divorce, widowhood, or estrangement from your child’s father, it’s vital to know your rights when it comes to child custody. There is nothing more important than the well-being of your child, and making sure they continue to remain in your care should be top priority. Although you have basic parental rights under the law, this doesn’t automatically mean you will be named custodial parent in a custody battle. Here are a few essential aspects to understand when pursuing custody as a single mother.

A Single Mother’s Guide to Child Custody

Types of Custody 

There are two types of custody that must be decided when parents aren’t raising their child together. Physical custody refers to which parent the child will live with, while legal custody determines who will be making important decisions in the child’s life regarding their healthcare, education, and religious upbringing. It’s common for a mother and father to share both physical and legal custody after divorce unless there are circumstances that make this impossible, one parent has terminated their rights, or the court finds it’s not in the best interests of the child. 

How the Courts Handle Custody Matters

While the courts may have favored single mothers in the past when awarding child custody, that is no longer the case. It is the belief that a child thrives best when both parents are equally involved in their lives. If you are unable to work out an agreement with your ex after deciding to divorce or separate, the court will step in to establish a custody arrangement and visitation schedule. In doing so, they will take into account a variety of factors, including who the primary caretaker has been, the lifestyle of each parent, the type of home environment each parent can provide, and the wishes of the child. 

Unwed Father’s Rights 

As the single mother to a child born out of wedlock in Georgia, the law grants you sole custody. However, if the father is able to prove they have a legal relationship to the child, they can be given custody or visitation rights. This must be done by filing a legitimation action in the mother’s county of residence. You may challenge a legitimation petition by stating the alleged father is not your child’s biological father or that they have lost the opportunity to develop a relationship with the child.

If you have questions about child custody or you need help preserving your parenting time, don’t wait to seek guidance from a family law professional. The attorneys at Hildebrand Law Office PC are committed to protecting the rights of single mothers who are involved in complicated custody disputes following divorce. For more than two decades, they have provided residents throughout northwestern Georgia with sound legal advice and effective representation. Working with them will give you a greater chance of getting the custody arrangement you desire. Call (706) 638-6009 to schedule a consultation, or visit them online for more information on how they can assist you in your custody matter.