Alpharetta Father’s Rights Attorney

It is essential for a father to be involved in the life of their child even through a separation to ensure the full development of the child. In many instances, the mothers is always considered to be the primary caretaker, however, under Georgia law, there is no presumption between the mother and father in regards to the care of a child. With this in mind, it simply means that the court is not going to favor an individual parent based solely upon their gender.

In the state of Georgia, the general welfare of the child is going to be determined as to who is the better of the guardian. However, Georgia law also will distinguish between a biological father and a legally recognized father. This means that either the absence of marriage or inclusion of marriage is going to play a major part as to the father’s rights in regards to custody.

Vayman & Teitelbaum PC fully understands the love and devotion of a father to his children. We commit ourselves to giving you the best chance of securing a part in the life of your child. Our Alpharetta father’s rights attorneys are going to stand by your side to help you through this process and understand every aspect of the legal process to ensure you remain a art of your child’s life.

Call Vayman & Teitelbaum PC at 678-203-2937 for a Case Evaluation.

Divorced Father’s Rights

Georgia Law considers the husband in the marriage as the presumed father of a child. In child custody cases, both parents are considered to be equal under the law. In the end, the custody decision is going to fall upon the court to determine who is able to provide the best for the child.

A number of specifics in which the court may consider while deciding upon the custody of a child can include:

• The existing relationship and love between each of the parents.
• The overall capacity of each parent in response to guidance, love, and affection.
• The general ability of the parent to continue the education and rearing of the child.
• The capacity each of the parents have in the ability to provide for the basic needs of the child in regards to shelter, medical, food, clothing, and other essential needs. The court is also going to consider the ability each of the parents ability to pay child support.
• The overall environment of the home in regards to the nurturing and safety for the child.
• The ability of the parent in the ability to provide a stable and continuing way of life.
• How involved or disinterested each parent is within the child’s educational, social, and extracurricular activities.
• The parents average availability as well as employment schedule in addition to the average amount of time the parent has with the child.
• How the parent has performed in the past with children as well as how they will perform in the future.
• The parent’s ability to create a meaningful relationship that will continue with the 0ther parent to be in the best interest of the child.

The fulfillment of these basic conditions in the best interest of the child give a father the fighting chance in regards to child custody.

The experienced lawyers at Vayman & Teitelbaum PC know exactly what is expected out of a parent during custody hearings. We have many years of experience in divorce law, child custody law, and father’s rights law that will provide you with strong support throughout your divorce and child custody case. We will be here to help for every step of the process.

We are going to offer you the best support and advice to ensure you are able to remain a constant source of love and support throughout the life of your child.

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Father’s Legitimation

While there is fair treatment within the law for the parents of a child born within the marriage, being the father of a child with a woman who is not your wife or who is married to another man is a rather complicated issue. In this type of situation, it is best to act as quickly as possible. Of course, there is no time set in stone to have a court recognize your paternal rights, it is best to assert your rights as early as possible to ensure you have the best chance of a life with your child.

While you may be listed as the father on the birth certificate, that does not directly give you paternal rights or even shared custody. To ensure you are able to have full rights as a father, you will need to file for legitimation under Georgia law.

Filing for legitimation is the overall process of being legally recognized as the biological father in order to establish legal rights with the child. This relationship will involve support and potential custody as well as all other responsibilities as a parent to the child.

If you are able to agree and consent to legitimation with the mother, you will both acknowledge voluntarily through completing the Acknowledgement of Legitimation form. However, if you are unsure if the mother will consent or there is a disagreement to the legitimation, it is possible to file a petition through the court.

The court will begin a legitimation proceeding in which the judge will listen and weigh the considerations of the parents to determine if legitimation is the appropriate action. The court is going to evaluate whether as a father you are going to be fit as a father. Keep in mind that in the state of Georgia, the interest of the child is always the primary concern.

Why is legitimation necessary?

If a child has been born out of wedlock, the court will generally grant the mother custody, and she will have the parental power over the child. Before the process of legitimation, a father would have had no connection to the child, at least in regards to the law. This would mean he had no rights to custody or even make basic decisions for the child.

Throughout the petition for legitimation, it is possible to outline claims for visitation, parental time, as well as custody. If the court should find a reason to grant legitimation, the court may also grant such rights. Additionally, before the process of legitimation, there was no legal stance available to a child to inherit from their father.

However, legitimation must be done in a rather timely manner. In the state of Georgia, a court has the ability to deny a legitimation if they find that such a delay was unreasonable. The court has the option to find that a father abandoned the opportunity to create a relationship with the child.

If you plan to file for legitimation, inform the team of legal experts at Vayman & Teitelbaum PC so they will have the opportunity to prepare for the upcoming challenges. Whether you and the mother of the child are planning to acknowledge the legitimation or you must file a petition with the court, you are going to have our full expertise and guidance throughout the process. We understand that it is vital to you to become a part of your child’s life and will dedicate our time to making that happen.

Call Vayman & Teitelbaum PC at 678-203-2937 for a Case Evaluation with our Alpharetta Father’s Rights Attorneys.

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Vayman & Teitelbaum PC has the experience and resources to help you throughout your divorce or child custody process. We are well versed in Georgia law on the subjects of child support and father’s rights. Turn to Vayman & Teitelbaum PC to help make your divorce or child custody settlement go as smoothly as possible while protecting your rights and the welfare of your children. Legal representation is vital in attaining the father’s rights and responsibilities that you deserve.

Call Vayman & Teitelbaum PC now at 678-203-2937 for your Case Evaluation.