Fathers' Rights

Fathers, You DO Have Legal Rights in Georgia

When it comes to Family Law issues, some fathers feel as though they have little to no rights. They feel like the system that governs family law is not on their side. Whether you are contemplating a divorce or you have had a child outside of marriage, you DO have legal rights as a father under Georgia law. An experienced family law attorney can help you protect and enforce those rights.

Your Child Custody Case is based on Facts, Not your Gender

Fathers, it is important to keep in mind that what matters in a child custody case is not your gender, but your ability to provide and care for your children. Courts in Georgia focus on each parents’ situation and then determines who can best care for the children.

Do not get discouraged. There are many divorce and other family law cases where fathers were awarded physical custody of the children. Common reasons include:

  • The father has been the children's primary caretaker;
  • The father's work schedule gives him more time to take care of the children;
  • The mother's home doesn't have enough space for the children;
  • The mother is deemed 'unfit' to parent the child;
  • The mother's new partner has a history of domestic violence.

It is also important to keep in mind that even when if the mother is awarded primary physical custody, the father is usually awarded liberal visitation rights. It is important that the bond between father and child remain in tact and Courts usually work hard to preserve the family structure.

Fathers can also be awarded joint legal custody which refers to the legal authority to make important decisions concerning the minor child.

Unmarried Fathers Have Rights Too

If you were not married to the mother of your children at the time of their birth, that does not mean you have any fewer rights as a father. You just have to take a few steps to legally enforce those rights. In order to do this, you must file a Petition for Legitimation. Once a child is legitimated, custody and support follow exactly the same laws even if the parents were not married at the time of the child’s birth.

At the Law Office of Miracle C. Jackson, LLC, we help fathers pursue physical custody, legal custody and visitation rights. We will do everything we can to help you seek a positive outcome. Based in Atlanta, we serve clients in Fulton, DeKalb, Clayton, Henry, Fayette, Cobb, Cherokee, Gwinnett and surrounding counties. Contact us to schedule a consultation.