What are the laws?
In the state of Georgia, the justice system does assign superior rights automatically to one parent. Therefore, a mother or father in a custody decision is not automatically determined to be the rightful custodian of the child or children. Although 90% of custody decisions are given in favor of a mother having primary physical custody, the trends are slowly balancing out.
Points to Consider
Factors a judge will consider when deciding for legal and physical custody are as follows:
(Note; Legal and physical custody can be shared or be sole. Legal custody entails which parent can make the decisions for the child (like schooling, doctors, etc). Physical custody pertains to where the child lives and who is responsible for caring for the child or children).
- Blind assumption of rights; the judge will be impartial towards both parents regardless of their sex. A mother’s rights are as valid as a father’s rights and vice versa. A judge in a custody proceeding determines which parent is best suited to care and make decisions for the child. A judge must decide what’s in the best interest for the child or children.
- Related to this determination a judge has to ascertain and analyze under which living condition a child would most benefit.
- The judge also takes into consideration the continuity of the child’s development. That’s to say, under which parent might a child or children’s worlds be least uprooted.
What is the father’s role?
In the past many states entrusted mothers with custody at much higher rates than fathers. However, recently this custom has been reversed and repealed. Nowadays, fathers should see their fight for custody as being more equal than what previous conventional thinking might have suggested. A judge will consider both parents lifestyle, including their work, relationship with the child, proximity with the child, and other factors, when granting custody. It’s also much more prevalent for custody to be shared both legally and physically. One thing to note is that although a mother might still be given ‘primary’ physical custody, this label does not mean that both parents do not share responsibility.
Do I need an Attorney?
An experienced attorney in family law and divorce is recommended when handling custody agreements and throughout the entire separation process. Attorneys can help father’s fight for their rights. Not all attorneys have the knowledge or expertise dealing with delicate family situations like custody agreements and separations.
If you are a father going through a custody agreement, or if you need a custody modification, the Atlanta family law attorneys at Edwards Law Group are ready to help. We have decades of combined experience in Georgia family law. We’re a compassionate law firm that knows the difficulty you’re going through and knows how to help. Call us at 770-723-7211 for a consultation about your case today.