As the fathers’ rights movement is on the rise and more and more fathers are stepping up and choosing to be in their children’s lives, many mothers are concerned about how they’ll be affected — especially if they were never married to their child’s father.

Here at The Fairell Firm, we’re dedicated to helping our clients understand Georgia child support laws and how they’ll affect their lives. From not getting child support from your ex to understanding custody law for stepparents , our blog shares information that’s essential as you work your way through family law. In today’s blog, we’re going to cover how custody law works for unmarried mothers. Whether you’re a father, unmarried mother, or a divorcee, let us help you with family law today. Visit The Fairell Firm in Tucker today — we serve clients throughout Atlanta, and our custody attorneys would love to help you next.

There are only two reasons an unmarried mother won’t automatically have sole legal custody over her child:

If the father of your child did neither of these tasks, then you have all the parental power. Our custody attorneys at our family law firm frequently hear from mothers who say the father of their children doesn’t agree with the mother and child moving or attending a new school. However, even if the biological father is a co-parent, he has no rights and cannot dictate what you or your children do unless he files for legitimation.

So, if the father of your child isn’t filing for custody and you were unmarried when your child was born, you have sole custody. According to family law, sole custody grants you the full decision-making power on every aspect of your child’s life. Like we said earlier, the biological father won’t have any legal rights, though you can still choose to co-parent with him.

If you do choose to co-parent, then congratulations! Our family law firm in Atlanta believes children should have two involved parents whenever possible. That being said, be aware of how often your children are with their father.

Let’s say he already has your children for about half the week as you focus on your career or attend school. If he were to file a legitimation order and seek legal custody, then the visitation history can become an order of the court. The court tends to keep the visitation schedule as it is because it’s more comfortable for the children. So, if you don’t want the current visitation on a permanent basis, then don’t do it on a temporary basis either.

It’s 2019 — you won’t win legal custody simply because you’re the mother. If the father of your child has a legitimation order and chooses to file for custody, then both of you will have equal opportunity at the beginning of the custody case.

If this is reflective of the family law situation you’re currently working through, whether you were a married or unmarried mother, then reach out to The Fairell Firm today. Our custody attorneys can offer family law advice and will work tirelessly on your custody case. Contact us today to get started with family law in Atlanta.