Married couples have equal responsibility over the upbringing of their children. For example, any parent in a family setting can sign a child's healthcare papers. Also, a child can spend time with whichever parent they choose, and there is no need for formal visitation and spending time schedules. However, it's different after divorce or in unmarried couples, as parenting and custody schedules may have to be determined by the court. Custody decisions in Georgia can take two routes: one parent can get sole custody, or both parents can share custody, but it's more complex than that, as you will see in this guide.
To most people, the mention of child custody infers physical custody or the question of which parent gets to live with the child. However, Georgia's family law addresses both physical and legal custody. Physical custody addresses where the child lives. Legal custody addresses which parent gets to make crucial decisions such as education, religion, discipline, and healthcare on behalf of the child.
Georgia family law is based on the premise that children need to have both parents involved for the best outcomes in life. That said, family courts lean more towards shared parenting than having one parent get sole custody. So unless there are compelling reasons, such as a history of domestic violence, criminal activity that would endanger a child, child abuse, mental incapacitation, and physical illness, the court will more often than not grant shared custody rights to both parents. Shared custody doesn't necessarily mean the two parents share equal time with the child. Where the parties cannot agree on a workable schedule, the court will consider a schedule that is in the child's best interests and base its shared custody order around it. For example, a parent living apart may have the parent living closest to the child's school live with the child during the school week while the other lives with them on weekends or holidays.
In sole custody arrangements, the child or children live exclusively with the custodial parent, but the non-custodial parent will have visitation rights in most cases. Restrictions during visitation will depend on the circumstances of the case. For example, if the parents reach sole custody agreements amicably, the parents can decide when the non-custodial parent can visit the kid. When the child's safety or well-being with the non-custodial parent is in question, the court can order supervised visitation. Under this option, the non-custodial parent only spends time with the child in the company of another adult. "Sole legal custody, while rare, is also possible under Georgia family law. An example of a rare situation where one parent may not get legal custody of a child is when they are deemed unfit based on mental incapacitation," says family lawyer Shawna Woods of Atlanta Divorce Law Group. Parents in a shared legal custody situation must find a way of making unanimous decisions for the child's well-being. Where this is impossible, the court gives one parent the tie-breaking power.
For unwed parents, the mother has all the parenting rights by default, but they can choose to allow the father visitation and custody rights. However, it is essential to understand that these voluntary rights are withdrawable, and the only way to get your rights back is to engage a family lawyer to help you file an action with the court to establish your parental rights.
