Absent Parent Laws in Georgia

By Anna Assad

An absent parent in Georgia still has legal obligations to his child, such as providing financial support. An absent parent may face the termination of his rights as a parent. Georgia's laws regarding absent parents cover child support and parental rights. Further, an unmarried father may register with the state to prevent losing his rights to his child.

Child Support

Georgia's Division of Child Support Services will search for an absent parent for child support purposes only. If a parent files for a child support award or enforcement of an existing order, the support division will attempt to locate the absent parent so he may begin paying support. Georgia laws allow the Georgia Department of Public Health to help the child support division find an absent parent. The department may contact other government agencies, such as the Georgia Department of Revenue, for information regarding the possible whereabouts of an absent parent. For example, the department of revenue may have an address for the absent parent from his most recent state tax return.

Termination of Parental Rights

A termination of a parent's parental rights ends his legal rights to his child and their legal relationship. A parent whose rights are involuntarily terminated no longer pays child support once his rights are ended, but he may still owe back child support and already accrued arrears, depending on the circumstances of the case. One of the grounds for involuntary parental rights termination in Georgia is abandonment. An absent parent who hasn't paid child support or communicated with his child for a year or more is considered to have abandoned the child, according to the official website of LegalAid-GA. Parental rights termination is completed through the Georgia court system; the parent who is alleged to have abandoned the child does have the right to defend himself against the claim.

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Putative Father Registry

Georgia law allows fathers or potential fathers to register with the Vital Records office of the Georgia Department of Public Health. An unmarried father who signed an acknowledgement of paternity -- a legal document stating he is the father of the named child -- or who believes he may be a father can fill out a form to become part of the registry. The form asks for information including the names and addresses of the father, mother and child. Once the father files the form, he can update his information, such as his address, if there are any changes. The registry may allow an unmarried father to avoid being named an absent parent if the mother is hiding the child from him or has blocked contact. If any adoption proceedings are commenced regarding his child, the court will use the registry information to contact him and give him a chance to participate in the proceedings. Registration information may also be used to locate a father for child support and in other cases involving the child such as guardianship.


An absent parent who pays child support but doesn't see his child is not usually subject to parental rights termination. When the court considers an application for parental rights termination on the grounds of abandonment, the court will investigate the circumstances and must consider whether rights termination is in the child's best interests.

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Rights for Fathers Paying Child Support


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Parental Rights Terminated Due to Child Abandonment

Child abandonment can result in serious legal consequences. For some parents, child abandonment may lead to the permanent loss of parental rights through an involuntary termination by the state. If a state agency has taken a child into the child welfare system or placed a child in foster care, the child's parents may need legal help to prevent the termination of their rights.

Custody Law for Removing a Child From the Mother

Under the laws of every U.S. state, a child's natural or adoptive parent is presumed to be in the best position to care for and nurture the child. Historically, courts were less-than-willing to strip mothers of their custody rights, particularly in cases involving young children and babies. However, the U.S. Supreme Court has ruled it unconstitutional under the Equal Protection Clause for any state statute to favor one gender over another, including those statutes relating to child custody. In a situation in which either parent is unable or unwilling to care for the child as expected, that parent could lose custody, either through a private custody action or through involvement by a state family services agency. In cases where the state invokes custody over the child, there are detailed procedures a parent must follow in order to reunite with the child. If the procedures are not followed, the parent's rights could be terminated, making it possible for the child to be adopted by another.

Child Custody & Adoption

Legal adoption occurs when both biological parents give up their parental rights to a non-biological parent or parents. The court then awards the adoptive parents full legal custodial rights over the child. Custody rights over a child can be either legal custody, physical custody or both. These rights may be held by biological parents, third parties or a state welfare agency. Obtaining custody over a child may be the first step toward adopting the child, particularly in the context of a state child-welfare agency and the foster care system.

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