Do Unmarried Mothers have to file for custody?

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unmarried mother child custody

Child custody is one of the more difficult points of contention during a divorce. Depending on how amicable or hostile the situation is, the couple may need to hire a Paulding GA child custody attorney as well to make sure they protect their parental rights. 

That situation is pretty clear-cut, but what if the custody battle takes place outside of a divorce because the parents of the child are not married to begin with? Do unmarried mothers have to file for custody in court?

Child custody laws in Georgia for unmarried mothers

In Georgia, unmarried mothers get sole custody of the child by default, therefore they do not need to file for child custody. Instead, it is the father who would have to file for visitation rights with the court.

Even with the paternity established, this does not mean that the father can immediately have custody. The issues of custody and visitation have to be pursued and ordered separately, all thought such can be done in the same legal action. 

Determining paternity can be as simple as having the father sign in the birth certificate recognizing the role. In case of doubt, genetic testing may also be completed, and then filed with the courts through the help of a Paulding child custody attorney. 

How a lawyer can help 

For child custody cases, whether or not the parents are married, it is advisable that they seek help from a Paulding County GA child custody attorney, such as those from William R. Pike Law LLC. 

They can help file the necessary paperwork required by the court to facilitate the case, gather evidence to present viability for custody, as well as prepare strong arguments to support the case.

The court will be judging the matter of child custody based on the best interests of the child. It is therefore up to the non-custodial parent to make a strong case before the court so that they can earn more rights as a parent, and be given the opportunity to be with their child.

Do Unmarried Mothers have to file for custody?

Child custody is one of the more difficult points of contention during a divorce. Depending on how amicable or hostile the situation is, the couple may need to hire a Paulding GA child custody attorney as well to make sure they protect their parental rights. 

That situation is pretty clear-cut, but what if the custody battle takes place outside of a divorce because the parents of the child are not married to begin with? Do unmarried mothers have to file for custody in court?

Child custody laws in Georgia for unmarried mothers

In Georgia, unmarried mothers get sole custody of the child by default, therefore they do not need to file for child custody. Instead, it is the father who would have to file for visitation rights with the court.

Even with the paternity established, this does not mean that the father can immediately have custody. The issues of custody and visitation have to be pursued and ordered separately, all thought such can be done in the same legal action. 

Determining paternity can be as simple as having the father sign in the birth certificate recognizing the role. In case of doubt, genetic testing may also be completed, and then filed with the courts through the help of a Paulding child custody attorney. 

How a lawyer can help 

For child custody cases, whether or not the parents are married, it is advisable that they seek help from a Paulding County GA child custody attorney, such as those from William R. Pike Law LLC

They can help file the necessary paperwork required by the court to facilitate the case, gather evidence to present viability for custody, as well as prepare strong arguments to support the case.

The court will be judging the matter of child custody based on the best interests of the child. It is therefore up to the non-custodial parent to make a strong case before the court so that they can earn more rights as a parent, and be given the opportunity to be with their child.


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