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When discussing mothers' rights in custody and visitation in Georgia, it's essential to understand a few key points:
"Best Interests of the Child" Standard:
Georgia courts, like those in many other states, prioritize the "best interests of the child" when making custody and visitation decisions. This means the court will consider various factors to determine what arrangement will best serve the child's physical, emotional, and psychological needs.
Married vs. Unmarried Parents:
If parents are married, they generally have equal rights to custody.
If parents are unmarried, Georgia law initially grants sole custody to the mother. However, fathers can establish their parental rights through a process called legitimation.
Legitimation:
For unmarried fathers, legitimization is crucial. It establishes legal paternity and allows the father to seek custody or visitation rights.
Custody Types:
Legal Custody: This refers to the right to make major decisions about the child's life, such as education, healthcare, and religion.
Physical Custody: This refers to where the child lives.
Both legal and physical custody can be awarded as sole custody (to one parent) or joint custody (to both parents).
Visitation:
Even if a parent does not have primary physical custody, they typically have the right to visitation. The court will determine a visitation schedule that is in the child's best interests.
Child's Preference:
In Georgia, a child who is 14 or older can express their preference for which parent they want to live with. The court will consider this preference unless it determines that it is not in the child's best interests.
Key Considerations:
It's always advisable to seek legal counsel from a qualified family law attorney in Georgia for specific guidance on your situation.
Factors like domestic violence, substance abuse, or the parents' ability to provide a stable environment can significantly impact custody and visitation decisions.
