Atlanta, GA Fathers’ Rights Lawyer
Studies show that being an involved dad directly benefits your children. According to the National Center for Educational Statistics, kids who have strong relationships with their fathers earn better grades, among various other benefits.
An adept Atlanta, GA fathers’ rights lawyer may be able to help if you are not getting enough time with your kids or have an issue with your child support order. Having an experienced family attorney by your side can make the difference in your ability to exercise your parental rights.
What Are a Man’s Legal Rights as a Father?
When a married man’s wife has a child, the husband and wife are both automatically considered the child’s legal parents. The mother’s and father’s names appear on the child’s birth certificate and both parents have full parental rights.
Having parental rights means having the right to a relationship with the child and decision-making authority regarding the child’s healthcare, education, and religious upbringing. Parental rights also entail the responsibility to provide for the child’s needs like food, shelter, and clothing.
A father with parental rights shares equal rights to physical custody and decision-making authority with the child’s mother. A court cannot discriminate against a father in custody decisions due to his gender.
The Rights of Unmarried Fathers
Fathers who are not married to a child’s mother do not have parental rights. The child’s mother is the only parent with a right to custody or decision-making authority regarding the child. This is true even if the father lives with the mother and child and fulfills the role of a father in the child’s life.
Unmarried fathers can acknowledge their paternity by signing a form in the hospital or later. Both parents must sign the form which establishes the man as a child’s biological parent.
If the parents live apart, the acknowledgement can form the basis of a child support order. However, it does not bestow legal parental rights. An unmarried father who wants a relationship with his child and influence over their upbringing should work with an Atlanta, Georgia father’s rights attorney to establish his parental rights.
Paternity Actions
Sometimes a man is unaware that a woman gave birth to his child and does not learn of the child’s existence until later. In some cases, the mother may dispute whether the man fathered the child in question. If both parents do not sign an acknowledgment of paternity, a legal action is required to establish the child’s parentage.
Either parent or the child can file a petition with the family court to establish parentage. When the mother and child are receiving public assistance, the Georgia Department of Human Services can bring a petition seeking to establish parentage. If the parties do not agree to acknowledge the man as the child’s biological father, the court will order a DNA test.
If the DNA test reveals the man is the child’s father the court will issue a declaration of paternity. Establishing paternity gives the father the obligation to provide financial support for his child, and allows the child to inherit from the father. However, it does not automatically bestow the right to legal or physical custody or visitation.
Legitimating a Child Confers Parental Rights
The Official Code of Georgia §19-7-22 allows an unmarried father to legitimate his child. When the process is complete, the father gains the same legal rights he would have had if he was married to the child’s mother. A father can request custody and visitation with a legitimated child.
A father must bring a Superior Court petition for legitimation in the county where he lives. The mother must be notified of the petition. A DNA test may be required to establish the man as the child’s biological father.
Even when paternity is acknowledged, the mother has the right to oppose the legitimation petition. Either party to a disputed legitimation petition should engage an experienced Atlanta father’s rights attorney for help presenting their case. The judge will hear evidence from both sides and grant legitimation if doing so serves the child’s best interests.
Parenting Time
Atlanta courts must place the best interests of each child first when making rulings on domestic relations. Under the Official Code of Georgia Annotated §15-11-26, a judge should prioritize a child’s welfare above other factors when creating a custody order.
A father’s rights and their children’s needs might align in some cases. In fact, research shows that high levels of paternal involvement often results in higher levels of sociability, confidence, and self-control in kids.
Furthermore, according to data from the National Center for Educational Statistics, children with involved dads have a lower probability of acting out or engaging in risky behavior during their teenage years. An Atlanta, Georgia fathers’ rights attorney can assist fathers who are being alienated to the detriment of their kids.
Rights of Military Dads
When a child custody order is already in place, a father in the military may not know what to do if they get deployed. Fortunately, there are laws that protect the rights of fathers in Georgia who are in the armed forces.
O.C.G.A. §19-9-3 authorizes a court to modify a current child custody decree if a parent is being placed on active duty. A modified order may require the other parent to make the children reasonably available to the father before he is engaged in military obligations.
A dedicated Atlanta, Georgia attorney can facilitate a father’s time with his children during periods of leave or furlough. Other potential aspects of a modified order for military purposes can include arrangements for communication between a soldier and his kids via email, telephone, or video conferencing.
Modified Child Support Order
Fathers may undergo a change of circumstances regarding their finances — for example, by being laid off or accepting a lower-paying job. When such situations arise, a father may have difficulty meeting his child support obligations.
A steadfast attorney in Georgia who is familiar with fathers’ rights can file a motion for a modified child support order on behalf of a parent. Per O.C.G.A. §19-6-18, a judge may alter a child maintenance decree when a father can prove a change in income and financial status.
Talk with an Atlanta, GA Fathers’ Rights Attorney Today
A seasoned Atlanta, GA fathers’ rights lawyer can advocate for your children’s best interests on your behalf if you are being unfairly denied parenting time with them. Call our firm today to schedule an appointment with our intake team and discuss your rights to custody, visitation, and support.
