In Georgia, child custody laws apply differently – to a degree – for unmarried parents than for those who are legally married. While both parents may have a strong interest in their child’s life, certain legal steps may be required to establish and protect those rights.
Understanding how custody, child support and paternity work in these cases is important for any unmarried parent who is concerned about the legal side of their child’s upbringing.
Child custody and support concerns
Custody in Georgia is divided into two parts: legal custody and physical custody. Legal custody refers to the right to make important decisions about the child’s education, healthcare, religion and general welfare. Physical custody (also called parental placement) determines where the child lives and which parent provides day-to-day care. Courts can award sole or joint custody for both legal and physical custody, depending on what is in the child’s best interests. Mothers are generally presumed to have this authority unless an unmarried father asserts their rights to sole or joint custody by petitioning the court.
What this means practically is that when parents are unmarried at the time of the child’s birth, only the mother has automatic legal and physical custody under Georgia law. This means an unmarried father does not have any enforceable custody, parenting time or visitation rights until he takes legal action. Establishing paternity is the first step. While signing the child’s birth certificate may suggest fatherhood, it is not legally sufficient. A father must file a petition to legitimize the child, which not only establishes a legal relationship but also opens the door to custody and visitation rights.
Child support is a separate issue. Even if an unmarried father has not legitimated the child, he may still be required to pay child support if paternity is proven. Georgia uses an income-sharing model to calculate support, taking both parents’ incomes into account along with other factors such as health insurance costs and childcare expenses.
Crafting a child custody arrangement
Several factors influence custody decisions for unmarried parents if they cannot work out mutually-agreeable terms with the help of their legal representation. A court will evaluate each parent’s relationship with the child, ability to provide a stable home, work schedule, involvement in daily care and willingness to foster a healthy relationship with the other parent. Substance abuse, criminal history or unsafe living conditions can also understandably weigh heavily in the court’s decision.
For unmarried parents in Georgia, it is important to be proactive in learning about one’s rights and exercising them accordingly. Given all that is at stake, putting off the “legal side of things” is rarely wise.