Mothers fighting a custody battle in Georgia should not assume that they will automatically receive the rights to care for their children. Depending on the circumstances, the law might put a legal father on equal footing, thereby creating the possibility that a court may grant custody to the children’s father.
If you are the process of navigating the legal process around custody, you might benefit from working with a Marietta mother’s rights lawyer. If retained, a well-versed attorney could work tirelessly to protect your rights and address any worries you have about your case.
In the past, women were more likely to be the full-time caregivers for their children. However, modern law recognizes the shifting environment within homes and, as such, the Official Code of Georgia Annotated §19-9-3 states that there is no presumption of custody in favor of either parent.
Instead, this statute provides judges with guidance for choosing which parent should have custody on a case-by-case basis. For example, a judge may consider the relationship between the children and each parent, as well as each parent’s home environment, physical and mental health, and ability to provide for their child.
Barring custody cases that involve allegations of abuse or neglect, most judges will recommend that couples work out a custody arrangement. Even if the parents are unable to share time equally, courts typically prefer for both parents to have a substantial role in their children’s lives. However, it is important for a mother to understand her rights in Marietta by working with a practiced attorney.
While the law in Atlanta may not give mothers preference over fathers, it is still more common for mothers to have primary physical custody over their child. This means that they are likely to receive child support payments, as well. These payments are owed to the children and are often relied upon by a single or divorced mother who is providing for their kids.
When a father fails to make his regular child support payments, a mother’s rights attorney in Marietta may also help a parent to pursue past-due payments in court by filing a petition for contempt. If a judge finds that the father is in contempt for failing to make payments, they might order fines, jail time, or other sanctions against them.
In some situations, a single mother might need help to modify a previous parental agreement that is no longer working for their situation. For example, if a father is not following the terms of an agreement, the mother could petition the court to change the parenting plan or custody agreement. This might be done to ask for more time with their children, to recalculate or adjust child support, or to negotiate a schedule that works better for all parties.
The process of determining support payments, negotiating custody and visitation, and other familial issues are often daunting and complex. If you are looking to better understand your legal rights and options, a Marietta mother’s rights lawyer could help.
By enlisting a proactive and compassionate attorney, you could have help in clarifying your choices and protecting your future arrangement. To get started, call a legal professional today.