Parental rights refers to a parent’s authority to make important decisions and take actions on behalf of their child or children. These rights automatically legally apply to both parents when a child is born during a marriage, but only apply to the mother if a child is born out of wedlock. Through court actions, the same rights may apply to adoptive parents, foster parents, and legal guardians in certain circumstances. Below, the family law experts at Oxendine Law provide a brief guide to parental rights in Georgia and what parents should know.

In Georgia, basic parental rights include:

• Making decisions pertaining to critical matters including schooling, religion, and medical care
• Obtaining legal documents pertaining to the child (i.e. school records, medical records, etc
• Authority to seek medical attention and schedule/attend medical appointments for the child
• Authority to enroll the child in school and pickup/check out the child from school/daycare

Legally speaking, these rights automatically expire when a child reaches the age of maturity or adulthood (18 in Georgia) and at that point the former child is considered an adult able to make all decisions on their own without parental interference. Additionally, parental rights have no bearing in the case that a child legally becomes an emancipated minor.

A father of a child born out of wedlock has no automatic rights in the state of Georgia. Even if the father was present at the birth, completed a DNA test, signed the acknowledgement of paternity, and is listed on the birth certificate, that father still does not have legal parental rights. The only way for a father of a child born out of wedlock to obtain legal parental rights is by filing a Petition for Legitimation in the Superior Court. At Oxendine Law, we take great pride in helping fathers obtain their parental rights and are often able to do so by consent without the father ever having to step foot in a courtroom or speak to a judge!

If you have any family law needs of your own, contact Oxendine Law at (770) 497-8688 today to schedule a family law consultation in-person, over the phone, or by video conference. Don’t forget to follow along with us on Facebook and Instagram for additional family law tips, news, radio segments, and more.