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Child Custody For Unmarried Parents: What To Know in Georgia

July 18, 2024

In Georgia, child custody cases for unmarried parents come with unique complexities. Navigating the legal landscape can be overwhelming, but understanding your rights and responsibilities is crucial. At The Fairell Firm, we are dedicated to helping unmarried parents protect their parental rights and ensure the best interests of their children are met.


parents looking over papers with their child

Establishing Paternity


Establishing paternity is the crucial first step in child custody cases for unmarried parents in Georgia. This involves legally determining the biological father of the child. Both parents can voluntarily sign a Paternity Acknowledgment form, or paternity can be established through genetic testing if there is a dispute. Once paternity is established, the father can pursue his parental rights, including custody and visitation.

child holding teddy bear

Types of Custody Arrangements



In Georgia, unmarried parents can seek two types of custody: legal custody and physical custody. Legal custody involves making important decisions about the child's upbringing, such as education, healthcare, and religious upbringing. Physical custody refers to where the child will physically reside. Parents can have joint custody, where they share both legal and physical custody, or sole custody, where only one parent has decision-making authority or primary physical custody.

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Factors Considered by Georgia Courts



When determining child custody arrangements for unmarried parents, Georgia courts prioritize the best interests of the child. Factors such as the relationship between the child and each parent, the ability of each parent to provide a stable environment, and the child's adjustment to their home, school, and community are taken into consideration. Courts also consider any history of domestic violence or substance abuse by either parent in making custody decisions.

family splitting

Legal Assistance for Unmarried Parents



Navigating the legal complexities of child custody as an unmarried parent can be daunting. Seeking legal assistance from a family law attorney experienced in Georgia's child custody laws is crucial. A child custody attorney can help you understand your rights, guide you through the legal process, and advocate on your behalf in court. Having expert legal representation can increase your chances of achieving a favorable custody outcome for you and your child.

child holding parent's hand

Mediation and Co-Parenting Plans


In many child custody cases involving unmarried parents, mediation can be a beneficial alternative to litigation. Mediation allows parents to work together with a neutral third party to create a co-parenting plan that outlines custody and visitation schedules, decision-making responsibilities, and communication guidelines. A well-crafted co-parenting plan can help reduce conflict, promote cooperation between parents, and prioritize the child's well-being.


Navigating child custody matters as an unmarried parent in Georgia can be challenging, but it's not something you have to face alone. The Fairell Firm is here to provide the guidance and support you need to protect your rights and secure the best future for your child. Contact our child support lawyers today to schedule a consultation and take the first step toward resolving your child custody issues.

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