Can Fathers Win Child Custody in Georgia?

Many people believe that there is a bias against granting child custody to dads and that moms are more likely to win. Is it very common for our clients to ask us whether a father can win a child custody case. The simple answer is yes.

It is essential to understand that Georgia law does not provide any bias, based on the gender of the parent, for determining custody. Georgia law goes out of the way to expressly state that it does not favor either parent when making a custody decision. O.C.G.A. § 19-9-3(a)(1). In fact, it is well settled in Georgia case law that when it comes to child custody determinations in Georgia, both mothers and fathers have equal status under the law. Gambrell v. Gambrell, 244 Ga. 178 (1979).

That answer, however, glosses over what is involved in making a child custody determination in Georgia. When determining child custody, a judge will need to determine what is in the "best interests of the child/children involved". To determine what is the best interests of the child/children, the judge will review a series of factors. You can read more about those factors here. As you are reading through the child custody factors, take a moment to consider how those factors apply to your case. Be sure to let your attorney know if you have any questions about the how the factors apply.

Why do so many individuals believe that fathers cannot get a "fair shake" when it comes to custody determinations? That is a question well beyond the scope of our site. That said, we wanted to reassure fathers that just because you are a father does not mean that you can not be awarded primary physical custody. If you have concerns about getting a "fair shake" during the custody process - call Meriwether & Tharp now at (678) 879-9000 or schedule an appointment for your free phone consultation with one of our child custody lawyers.

To learn more about common or standard child custody visitation plans, take a look at the card below. Remember that these are common visitation plans. Accordingly, they may not fit your situation exactly. Your child custody lawyer will work with you to craft the visitation that best fits your family's needs.