Child Custody
Understanding Child Custody Law in Georgia
Facing a child custody dispute in Georgia can be emotionally draining, confusing, and filled with uncertainty, especially when your child’s future is on the line. Whether it’s due to divorce, separation, or a change in family circumstances, custody decisions can have a lasting impact on both parents and children. Georgia law focuses on the best interests of the child, but without strong legal guidance, reaching a fair and stable arrangement can be difficult. The Pilgrim Law Group is committed to protecting your parental rights and helping you pursue a custody outcome that supports your child’s well-being.
Child Custody in Georgia
Married Parents
In Georgia, if both spouses are the biological or adoptive parents of a child, they have equal rights. Neither parent is permitted to interfere with the other parent's rights.
Unmarried Parents
In Georgia, an unwed mother has full custody rights to a child born out of wedlock. A biological father must establish Legitimation. The father must go to the court to seek custody or visitation.
Grandparents or Other Third-Parties
Grandparents in Georgia can request visitation rights, but they must first demonstrate special circumstances showing that visitation is in the child’s best interest.
Domestic Violence and Child Abuse
The court prioritizes child and parent safety in custody decisions and must consider any history of domestic violence, as exposure to such harm can deeply affect a child.
The Relationships Between the Child and Parents
A parent's relationship with the child can influence custody decisions, especially if there's evidence of weak bonds or harmful behavior like parental alienation.
Stability of the Home Environment
The court prioritizes a stable, safe home for the child and may grant custody based on the current living environment’s impact on the child’s well-being.
The Parents’ Mental Health
In Georgia, a parent’s mental health can impact custody decisions if it affects their ability to safely and consistently care for the child.
The Child’s Preference
In Georgia, a child 14 or older can choose which parent to live with, but the judge must approve the choice based on the child’s best interest, and custody won't be granted to a parent unlawfully keeping the child.
Willingness to Coparent
The ability to communicate and cooperate with the other parent is essential for joint legal custody, as a lack of collaboration can impact both custody and visitation rights.
Parent Involvement
A parent’s active involvement in the child’s education, healthcare, and activities shows a strong commitment to the child’s well-being.
What Can I Do If I Am Not Awarded Custody of My Child?
If you are not granted custody or want to change custody, you can request a modification by showing the court that circumstances have changed and that you’re now best suited to care for the child. Ordinarily, you have to wait 2 years from the last custody-related order to file for a modification.
How the Pilgrim Law Group Can Help
Navigating child custody doesn’t have to be unbearable. Contact The Pilgrim Law Group today to discuss your custody goals and take the first step toward protecting your parental rights, your child’s well-being, and your family’s future.
