What Are My Custody Rights as a Parent?

When you face a divorce or a custody dispute in Atlanta, GA, it is important to understand your rights as a parent under state law. At South Atlanta Family Law, a trusted custody attorney from our team will work with you to protect your role in your child’s life. Custody decisions are based on legal standards that focus on the child’s best interests, but you still have specific rights that courts must respect throughout this legal process.

Support From a Custody Attorney in Atlanta, GA: Legal and Physical Custody Defined

In Georgia, custody includes two parts: legal custody and physical custody. Legal custody gives you the right to make major decisions about your child’s life, including education, health care, extracurricular activities, and religion. Physical custody determines your child’s permanent residence. Courts can award joint or sole custody in both categories.

If the court grants joint legal custody, both parents usually share the decision-making responsibility. In many cases, one parent may have final decision-making authority in certain areas, even when both parents are expected to consult with each other. Your custody rights include the ability to participate in these decisions, and the court expects both parents to work cooperatively unless there is a valid reason why this cooperation is not possible. An experienced attorney will evaluate the documents you provide to determine the most viable custody agreement. 

Factors That Affect Custody Decisions

Georgia courts consider several factors when deciding custody. These include your child’s relationship with each parent, each parent’s ability to care for the child, the stability of each home environment, and how well each parent can support the child’s emotional and developmental needs. If your child is 11 or older, the court may also consider their preference, although that is not the only factor. In cases where the child is over 14, their stated preference carries an ever greater weight.

You have the right to present evidence and arguments in court to show that your custody proposal serves your child’s best interests. This includes testimony, school records, health information, and your own description of your role in your child’s life. If you have been the primary caregiver or have a history of active involvement, that will carry weight in the court’s analysis.

Parenting Time and Access

Even if you do not receive primary physical custody, you have the right to reasonable parenting time. Georgia law encourages meaningful contact between children and both parents unless there is a safety concern. If the court limits your time, it must explain the reasons clearly. You also have the right to request changes to a custody order if there has been a material change in circumstances and a modification would benefit your child.

You also have the right to receive important information about your child, such as school records, medical updates, and extracurricular activities. Even if you are not the custodial parent, you should stay informed and involved. Georgia courts recognize the importance of both parents remaining active in their child’s life.

You have clear custody rights under Georgia law, including the right to share in decision-making and to have a relationship with your child. Schedule a consultation with us today at South Atlanta Family Law in Atlanta, GA, to take the necessary legal initiative to be involved in your child’s life.

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