Traditionally, mothers had preferential treatment in child custody roles. But this approach is now a thing of the past, as many states, including Georgia, have adopted more gender-neutral laws to align with changing family dynamics. Today’s child custody laws focus more on a child’s best interests, which depend on several factors such as a child’s age, bond with the parent, a parent’s health and physical status, availability, and ability to provide a stable environment. However, changing approaches does not mean the mother loses her right to child custody. This guide looks into the mother’s rights in child custody in light of changing approaches to child custody law.
Understanding Child Custody
The simplest legal definition of child custody, as explained by attorney Shawna Woods, is the legal arrangement defining the relationship between a child or children and the adults in charge of their upbringing. It encompasses two aspects: physical and legal custody.
Physical custody refers to where and with whom the child lives. One parent can have sole physical custody, while the other has visitation rights. At other times, both parents can have shared physical custody, meaning the child lives with either at stipulated times.
Legal custody refers to the extent to which parents have the power to make critical decisions on behalf of the child, such as where they attend school, health matters, religion, etc. Like physical custody, either the mother or the father can have sole or shared legal custody. In most cases, the court will order shared legal custody. Having a Georgia divorce lawyer during the process of determining custody is extremely important to ensure your rights are upheld.
The Rights of a Mother after Divorce
Georgia assumes paternity and maternity for all children born into marriage. That said, you will have equal rights to child custody as the father does. As earlier mentioned, the court will focus on the child’s best interest when making a determination, which in some cases may result in perceived but justifiable bias against the father.
For example, if you have a very young child, the child may favor you as a mother. Not because the father is unfit but because the child may be more dependent on the mother for their well-being.
Still, there are also situations where the court may place the young child with the father irrespective of age if you are deemed unfit, for example, if the mother is an addict, has a history of child abuse and neglect, or suffers from a condition that would put the child at risk.
Your Rights if You Are Unmarried
Custody for children born out of wedlock falls on the mother by default. If paternity is established, you have a right to receive child support from the child’s biological father.
Besides paying child support, the father can seek custody or visitation rights through the court with the help of a Georgia divorce lawyer. In most cases, you will most likely maintain physical custody. However, the father can get full custody if he can demonstrate that you, as the custodian, are not meeting your child’s best interests.
Modifying Custody Orders and Child Protection
If significant changes have occurred since the court’s initial decision, you can request a modification of custody orders.
However, you will be required to provide compelling evidence of changes in the child’s or parents’ circumstances, such as domestic violence, substance abuse, or other behaviors that endanger the child’s well-being, in which case the input of a Georgia accident lawyer is invaluable.
Child Protection Orders (CPO) can offer immediate protection for the child during the custody modification process.
Conclusion
In Georgia, a mother’s rights in child custody are rooted in the principle of serving the child’s best interests. While courts no longer favor mothers solely based on their role, mothers often retain significant rights, especially when providing a nurturing and stable environment for their children. Whether married or unmarried, understanding your rights and responsibilities is crucial to navigating custody decisions effectively.
If circumstances change, the option to modify custody orders ensures that the child’s well-being remains the top priority. Seeking guidance from an experienced Georgia divorce lawyer can help protect your rights and ensure the best possible outcome for your child’s future.