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Custody Laws in Georgia for Unmarried Parents 


Table of Contents: 

How is Child Custody Established in Georgia? 

How Does an Unmarried Father Get Rights in Georgia? 

Why is Filing a Legitimation Important in Georgia? 

Brown Dutton & Crider Will Guide You Through the Legitimation Process 

 

For unmarried parents in Georgia, the idea of child custody can feel scary and uncertain. It doesn’t have to. At Brown Dutton & Crider, we are committed to fostering legal understanding and support for your unique custody case so that you can feel empowered to make important decisions for you and your family.  

In this blog, we will discuss: 

  • The intricacies of custody laws in Georgia for unmarried parents; 
  • How to get custody rights through legitimation; and 
  • Why legitimation benefits you and your child. 

How is Child Custody Established in Georgia? 

Child custody is used to describe the legal and practical relationship between a child and their parent or guardian. Georgia’s child custody laws prioritize the child’s best interests, ensuring a stable and nurturing environment. If parents are married, they have equal rights to visitation and custody. However, if the parents are unmarried, Georgia law declares that only the mother of a child born out of wedlock has custody rights to the child. So, how can an unmarried father get custody rights? 

How Does an Unmarried Father Get Custody Rights in Georgia? 

Signing a birth certificate doesn’t automatically give a father parental rights in Georgia. A father seeking legal recognition must first prove that he is the child’s father through a process called legitimation. Legitimation in Georgia involves filing a petition to formally and legally establish the paternal relationship. This legal action bestows rights and responsibilities upon an unmarried father. It also encourages active participation in the child’s life and provides the right to seek custody and visitation orders from the court. 

It is important to note that legitimation alone does not guarantee custody rights. Unmarried fathers must proactively engage in the legal process to assert their rights and advocate for the best interests of their children.  

Learn more about legitimation in Georgia by watching the video below ⤵️ 

@gafamilylawyers

A father has no rights to his child in Georgia if the child is born out of wedlock. However, a marrying the mother legitimates the child and the need for legitimation is no longer necessary. #legitimation #familylaw #lawandmarriage #divorce #attorney #custodyproblems

♬ original sound – Jenni Brown I Family Law Tips

 Why is Filing a Legitimation Important in Georgia? 

Georgia law acknowledges the significance of a father’s role in a child’s life, and legitimation ensures that fathers can actively participate in crucial decisions affecting their kid’s well-being.  

Here is why the legitimation process in Georgia is important for unmarried parents and their children:  

Parental Rights and Responsibilities: Legitimation legally establishes a father’s relationship with his child. This grants him parental rights and responsibilities to make decisions about the child’s education, healthcare, and well-being.  

Custody and Visitation Rights: Legitimation grants unmarried fathers the opportunity to establish custody or visitation schedules with their children. 

Inheritance Rights: Legitimated children in Georgia have inheritance rights from both parents. This ensures that the child can inherit from their father, providing financial security within the family. 

Social Security and Benefits: Legitimated children in Georgia may also be eligible for certain social security and government benefits through their fathers. 

Ultimately, legitimation is centered around the best interests of the child. It provides a framework for unmarried parents in Georgia to actively contribute to their child’s upbringing and to promote a supportive, nurturing environment.  

Learn how to file for legitimation in Georgia by watching the video below ⤵️ 

@gafamilylawyers

Replying to @Minah how does a Father file for legitimation? #legitimation #custody #parentingtime #familylaw #marriage #attorneysoftiktok

♬ original sound – Jenni Brown I Family Law Tips

Brown Dutton & Crider Will Guide You through the Legitimation Process  

Dealing with child custody in Georgia can be emotionally draining. You shouldn’t have to fight for custody all on your own. An experienced family law attorney will not only help you navigate custody laws in Georgia for unmarried parents but will also keep your child’s well-being a top priority. Our team will empower you to make well-informed decisions for your unique custody case. 

If you have questions about your custody situation or are interested in meeting our team, contact the attorneys at Brown Dutton & Crider today. Call (678) 730-2578 or book a consultation now.