The reasons why couples choose adoption in Georgia are as unique and individual as the children involved. There may be fertility issues which prevent them from conceiving, or it may be the desire to provide a needy child with a loving home. Same sex couples choose adoption as an alternative to surrogacy, and increasing numbers of single parents are now choosing to adopt as well.

Whether you are going through a divorce or dealing with child custody issues outside of wedlock, it is important to understand that both parents have rights in the process. In fact, when it comes to awarding custody, Georgia law does not favor one biological parent over the other (although, as discussed below, unmarried fathers must take some additional steps in order to establish their right to custody).

If you are preparing for a divorce or separation, planning ahead will help give you the best chance to secure the parenting time or guardianship rights you desire. While there are many factors to consider in the process, below are some of the most crucial considerations to keep in mind.

father drawing with sons

When seeking custody in Georgia, it is important to have a clear understanding of the laws and legal principles that apply to your individual circumstances. While the path differs for married and unmarried fathers, contrary to popular belief, the law specifically provides that preference not be given to the mother or the father. Once paternity has been established (when the parents are unmarried paternity must be established through a legal action; in a divorce, paternity is presumed unless successfully challenged by the mother, her husband, or the putative (biological) father), the law focuses on ensuring the best possible living situation for the children involved.

In most circumstances, a non-custodial parent’s visitation or parenting time is unsupervised. The general rule in Georgia is that non-custodial parents have the right to spend time with their children free from supervision, and in the majority of cases, this is considered to be in the best interest of all parties involved.