Fathers’ Rights in Georgia, 6 Common Questions & Answers

I’m the Father.

Do you want the very best for your child? If you’re reading this post, the answer is more than likely a resounding yes. Have you been told the mother is more likely to receive custody and child support? As the father, you have the same rights to visitation, custody, and child support. Many men miss out on time with their child due to a misunderstanding of their rights.

More attention is now being placed on the fathers’ role in a child’s life. Studies have shown that involved fathers can greatly impact a child’s social and language skills. Children also look to their fathers to provide a feeling of security, both physical and emotional. As you can see, it’s very important that you are involved in your child’s life.

What should you know moving forward? We’re providing answers to some of the most frequently asked questions as it relates to a father’s rights.



Does the law favor giving custody to the mother or the father?

The parents are equal under the law.

Do fathers have the same rights to custody and visitation as mothers?

They have equal rights to visitation and custody if the parents are married.

As an unwed father, am I entitled to custody of my child?

For an unwed father in Georgia to get any parental rights, including custody or visitation rights, he must file a legitimation petition in court.  A legitimation petition legally recognizes that a man is the father of the child. The unwed father can then ask for custody, visitation and/or child support. Only the father can file for legitimation in court, and the petition should be filed in the county where the mother and child reside.

Can the child’s mother prevent me from seeing the child?

If you and the mother are unwed, you must initiate a court proceeding to legitimize the child in order to assert rights such as visitation. Without the legitimization, the mother can deny the father the opportunity to see the child if she so chooses, at least until the court has recognized the father.

What factors does a judge consider when deciding which parent should have custody of a child?

The judge considers a variety of factors when deciding who should have custody of the child. It is the responsibility of the court to rule in the best interest of the child. Factors may include the ability of the parent to provide for the child, parent’s involvement in the child’s education, criminal history, current home, etc.

Can a father receive child support? 

Fathers have just as much right to collect child support when they are the custodial parent as a mother would have.  Child support helps with the child’s shelter, clothing, food, and medical expenses.


Next Steps.

If you or someone you know is struggling with the issue of paternity and the rights that accompany being the father of a child, contact LaGrone Law today. We understand the complexities of the law and will fight for you. You and your child deserve the very best!

Call 678-250-5449 today to schedule a consultation.



*The contents of this post do not constitute legal advice. Thank you.