Child Custody 101 for Unmarried Mothers in Georgia

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Young child hugging his mother's legs and looking at the camera.

Here at The Fairell Firm, we want to offer resources and information that helps you as you navigate child support, child custody, divorce, and other aspects of family law. So, when we saw that our blog post Unmarried Mothers In Georgia: Here’s How Custody Works was getting a lot of traction and attention, we decided to revisit the topic. 

If you have any additional questions after reading this blog post or watching family law videos on our YouTube channel, then be sure to leave a comment, contact us, or follow us on social media for our live question and answer sessions. And, if you need a family law attorney in Atlanta, then be sure to contact us today. Our family law firm consists of female lawyers who are professional, experienced, and compassionate in helping clients. Our office is conveniently located in Tucker, and we’ll be happy to talk to you today if you give us a call!

The Mother Has All Legal Power

Unless the father has filed a legitimation order, the mother has all parental power if the two weren’t married when the child was born. 

In essence, there are only two reasons you, an unmarried mother, won’t automatically have sole legal custody:

  • The father signed a legitimation order while at the hospital when the baby was born
  • The father has since filed a legitimation order

You can learn more about legitimation orders in our post Why Legitimation Is Necessary for Your Rights. However, any family law attorney in Atlanta will tell you that if there is no legitimation order and you and the father weren’t married at the time of the child’s birth, then you have all the legal power. So, if the father objects to you and the child moving, traveling, attending a new school, etc., he has no power — even if you have a co-parenting agreement.

In Court, Mothers and Fathers Are Given Equal Opportunity

It’s important to note, however, that the law values mothers and fathers the same in court. Just because you are the mother and may currently have sole custody, that doesn’t mean you’ll be given preference.

Resources for Handling Child Custody

We regularly post on our blog about cases our family law attorneys can help with. Check out some of these posts for more information about child support, child custody, and more: 

Meet With a Family Law Attorney in Atlanta

Whether you’re looking for a child support lawyer, child custody lawyer, or another type of family court lawyer, The Fairell Firm can help. We’re conveniently located in Tucker and our family law firm is experienced in handling child custody, child support, legitimation, and more. Contact us today to get started with a family law attorney.


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