What Rights Are Fathers Entitled to Following a Divorce?

father and daughter playing in her room

When a divorce occurs, and a child is involved, the judge wants to create an outcome that is in the child’s best interest. The process depends upon each parent providing evidence supporting their ability to provide and adequately care for that child. The court can determine which parent is deemed the best fit for primary custody through this evidence. Speaking with a skilled father’s rights lawyer is often the first step.

What Factors Can Affect Being Awarded Custody of a Child?

When custody is being determined, each parent has the right to present why they think they are the best fit for the child.

Various factors are considered, such as:

  • Having a good relationship with the child – mutual emotional connection makes a parent more favorable and can even be the main determining factor;
  • The financial security of the parent(s) and their ability to provide for the child’s basic needs;
  • What the child desires –children of a certain age can often choose for themselves what they want;
  • Being able to reasonably show that the parent has acted responsibly in terms of the child’s safety and wellbeing;
  • Past experiences highlighting that there has been an active involvement in the child’s life.

There are other important variables to consider, like if an ex-partner is abusive or a potential threat to the child. This information should always be brought to the attention of a trustworthy family attorney.

What if a Father Does Not Have Custody Over Their Child?

Georgia courts generally assume it is beneficial for both parents to have some form of custody or visitation, provided it is in the child’s best interest. This can often lead to joint custody being granted, which would result in both parents sharing equal rights and responsibilities.

However, there are some instances where one parent is awarded sole custody. This means the child would live with that parent all or most of the time. In addition, the parent would take on full responsibility for making any major life decisions regarding that child. This is also known as being the custodial parent.

For the non-custodial parent, visitation rights can be awarded. A schedule is usually set by both parents when they are amicable or deemed by the court if they cannot agree on terms.

Work With a Father’s Rights Attorney

If you are a father with questions about your rights following a divorce, seeking guidance from a dedicated family lawyer may help you gain the understanding you need. Call us today to find out more information about how we might be able to help.


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