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Understanding full custody rights for fathers in Georgia

On Behalf of | May 19, 2023 | Divorce

The question of whether a father can obtain full custody in Georgia is one that many separated or divorced parents grapple with. In Georgia, the law does not favor one parent over the other based solely on gender. Courts take into account the best interest of the child when determining custody arrangements.

Full custody refers to one parent having both legal and physical custody of the child. Legal custody involves decision-making power over the child’s upbringing, such as education and healthcare, while physical custody pertains to where the child resides. This article will delve into the possibility of fathers obtaining full custody in Georgia.

Best interest of the child

The paramount factor in determining custody is the best interest of the child. This principle guides the court in making decisions that will foster the child’s happiness, security, mental and physical health and emotional development.

Equal opportunity for both parents

Both mothers and fathers have an equal opportunity to obtain full custody in Georgia. The court does not show any gender bias when it comes to custody decisions. Instead, it evaluates a range of factors including the emotional ties between the parent and child, the parent’s ability to provide for the child’s basic needs and the stability of the family environment.

Factors affecting the decision

Multiple factors can influence the court’s decision on granting full custody to the father. The court will consider the father’s involvement in the child’s life, his ability to provide a stable and loving home, his relationship with the child and his willingness to foster a healthy relationship between the child and the other parent.

Role of the child’s preference

In Georgia, a child aged 14 and older has the right to state a custodial preference. Although the court will consider this preference, it is not the sole determining factor. The court will still assess whether granting custody in line with the child’s preference aligns with the child’s best interest.

Fathers can indeed obtain full custody in Georgia. However, the court’s primary concern is always the best interest of the child. Therefore, any father seeking full custody should prepare to demonstrate that he can provide an environment that promotes the child’s overall well-being. It is important for fathers to understand their rights and the criteria that the court considers in custody cases to increase their chances of obtaining full custody.