Cumming Fathers’ Rights Lawyer

Dads in family law cases are at risk of having their rights overlooked by the legal system. Though Georgia law gives mothers and fathers equal rights regarding child custody, visitation, and child support, dads are often vulnerable to an unfair bias that gives mothers preference.

If you are getting divorced and need to enforce your parental rights and responsibilities, contact a Cumming fathers’ rights lawyer to learn more about your options. With assistance from a qualified family attorney, you could proactively and effectively stand up for your rights.

Understanding Dads’ Rights

Men who were married to the mother of their children or were married shortly after a child’s birth are legally presumed to be the father and do not have to prove this fact in court. However, some dads in our area must first establish their legal paternity and legitimate their child in court before a judge can grant visitation or custody rights. A Cumming dads’ rights attorney could help a father establish his paternity through a blood or DNA test.

While biological paternity may obligate a man to pay child support to the mother, it does not entitle him to live with or spend time with the child. For these rights, a judge must sign an order of legitimation declaring a person to be the legal father of their child.

A judge may deny legitimation if they find that the father has abandoned his children, never established a relationship with them, or is unfit to care for the them. If a judge denies a petition for legitimation, the court could allow another person to adopt that child.

Rights Relating to Children

A dad with legal custody of his children has just as much right to full custody as the mother. However, the preference in our area is for parents to share parental rights and access as fairly as possible to allow both parents to develop relationships with their children.

Court decisions involving dads’ rights are made based on the best interests of the children involved. When determining who should have access to the children, a court may consider several factors:

• The mental, emotional, and physical health and stability of both parents;
• Both parents’ involvement in the child’s day-to-day life;
• Both parents’ financial resources and assets;
• The preferences of the children; and
• Both parents’ home environment.

If both parents are stable, sane, and healthy people, they are generally free to work out whatever type of child-sharing agreement and visitation schedule that works best for them. However, if one parent is less capable of caring for the children, the court may decide to grant more parental rights to the other.

Financial Payments and Adjustments

Many dads worry about whether they will be required to pay child support and how much they could be required to pay. Both parents are legally required to care for their children financially, so either parent may be ordered to pay child support regardless of gender. Usually, the parent who spends the lesser amount of time with the children makes payments to the other, but a fathers’ rights lawyer in our area could also help in situations where this is not the case.

Dads who pay child support have the right to ask for these payments to be modified if their circumstances change. For example, a father may petition the court if he loses his job and has to take one that pays less money. Similarly, dads who receive child support can ask a judge to modify the payments if the mother starts earning more money.

Fathers are allowed to visit their children even if they are behind in child support payments. Even if a dad misses a payment, he is still allowed to have visitation with his children unless a court intervenes. A mother cannot decide to keep children from their father as punishment for missed support obligations.

Get Help from a Cumming Fathers’ Rights Attorney

Even though the law may recognize the value in both parents’ relationships with their children, dads often have to fight harder to get equal treatment. By hiring an experienced Cumming fathers’ rights lawyer, you could be better equipped to advocate for your rights. Protect yourself and your relationship with your kids by scheduling an appointment with our team today.