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As a parent, you want to do the right thing for your children. Although the law generally respects your right to raise your children as you see fit, there are some limitations to that freedom.
If you are involved in a legal dispute concerning your children, make sure you understand parental rights and obligations in Marietta. Contact one of the knowledgeable child custody attorneys at our firm for help.
In Marietta, parental rights include providing a home for a child, making decisions on their behalf, and maintaining contact with them if the relationship with the co-parent ends. All legal parents have parental rights unless a Georgia family court judge determines that exercising those rights is not in the best interests of the child.
A mother who gives birth to a child is a legal parent. Her husband is also presumed to be the child’s legal parent. If the parents are unmarried at the time of the child’s birth and remain unmarried, the father must legitimate the child to obtain full parental rights.
Parents who legally adopt a child have full parental rights, regardless of whether they are a heterosexual couple, a same-sex couple, or a single parent. Parents who expand their family through surrogacy arrangements can petition a family court to issue a declaration of parentage before the child’s birth. One of our family law attorneys can assist you if you are expecting a birth through a surrogate mother.
Parenthood is a privilege, but it comes with many responsibilities. In Marietta, if you do not meet your responsibilities, you may face legal action, potentially lose some of your parental rights, and in extreme cases, might have your parental rights terminated.
You must meet your children’s basic needs for food, shelter, clothing, medical care, and education. You must also protect your children from danger and act in their best interests so that your children have the best chance of reaching their potential. While you have the right to raise your children as you see fit, child protection authorities or the police may intervene if your conduct causes physical or emotional harm to your children.
If you do not live with your children, you must still support them financially. This financial obligation exists even if you do not see your children and have no continuing relationship with them. An unmarried father who has not acknowledged or legitimated a child can be forced to pay child support if a genetic test establishes his paternity.
Sometimes, situations arise that can result in limiting a parent’s rights. This most often occurs in custody cases, when a family court judge restricts a parent’s time with their child or limits their right to make decisions on their child’s behalf.
According to the Official Code of Georgia § 19-9-3, a child’s best interests must drive all custody decisions. A judge must consider multiple factors when determining the child’s best interests. Georgia family courts seek to make decisions that provide security, structure, and stability for a child to help them thrive.
If a judge feels that your conduct or environment does not serve the children’s best interests, they can limit the time your children spend with you. If the judge has concerns that you may pose a risk to your children, they may order that another responsible adult supervise your parenting time. If you are facing a custody matter that could limit your parental rights, work with an experienced Marietta family law attorney from our firm.
Legal issues involving your children often trigger strong emotions. Having a clear understanding of parental rights and obligations in Marietta can help you manage your feelings and set appropriate expectations.
Our firm’s family law team can help you navigate any issue that might arise. Reach out to our intake specialists today to get started.