There are few things more devastating for a parent than losing the right to spend time with their child. As a father, this is a relatively common outcome. Although courts are not supposed to show bias toward either parent, the truth is that women are statistically more likely to receive sole physical custody in Georgia. But does this mean the end of your rights as a father? Can a family law attorney in Georgia help you fight for your paternity rights?
You May Still Have Legal Custody Over Your Child
As a father in Georgia, you should take a moment to understand the distinction between physical custody and legal custody. Even if you have lost physical custody of your child, you might still share legal custody with the other parent. In fact, losing legal custody is far less common than losing physical custody. Georgia courts generally feel that even if a parent spends little time with their child, they should still have a say in how that child is raised.
So what exactly is legal custody? Essentially, this refers to the decision-making authority of each parent. This decision-making authority extends to all major choices that could affect the life of the child in a significant way.
Examples include medical, educational, and religious decisions. In some cases, legal custody may also involve more personal and complex decisions, such as whether the child is allowed to date, use social media, or participate in sleepovers.
You can work with an experienced family law attorney to determine what type of legal custody you have. If you share legal custody with your ex, they cannot make any major decisions about the child’s life without your permission and input. If you cannot agree on how to handle these major decisions, you may need to resolve this dispute through mediation. If that doesn’t work, you may need to go to court – and a judge will need to decide on a course of action that serves the child’s best interests.
You Have the Right to Pursue a Modification of Child Custody
After losing custody, you also have the right to file a petition to modify your child custody agreement. You can only do this after a substantial change in circumstance, but it at least gives you the ability to fight for custody after an initial decision that doesn’t go your way. Examples of changes in circumstance include job changes, new disabilities, new evidence of child abuse, new substance abuse issues, and so on.
Can a Family Law Attorney in Georgia Help Me Fight for My Paternity Rights?
A family law attorney in Georgia may be able to help you fight for your paternity rights. Even if you already lost physical custody of your child, you probably still have the right to make major decisions about their upbringing. In addition, you have the right to petition for a modification of child custody and spend more time with your young one. To learn more about the potential next steps, contact Lankford & Moore Law today.