Georgia’s custody laws aim to ensure that courts make decisions based on the best interests of the child rather than parental gender. The courts in Georgia recognize both legal and physical custody. Legal custody gives a parent the power to make important choices regarding the child’s life, like education and healthcare. On the other hand, physical custody determines where the child will live.
Georgia law allows for both joint and sole custody arrangements. Joint legal custody is common, enabling both parents to participate in significant decisions. Physical custody can also be shared, although one parent may be awarded primary physical custody, with the other receiving visitation rights.
How is custody determined?
The guiding principle in Georgia custody cases is the child’s best interest. Judges consider a range of factors, such as:
- The emotional ties between each parent and the child
- The parents’ ability to care for the child.
- Any history of family violence.
- The child’s preference (if they are 14 years or older). Still, the court may override this choice if deemed not in the child’s best interest.
This approach underscores that the court focuses on the child’s welfare rather than automatically favoring one parent over the other. Both parents are encouraged to be involved in their child’s life, reflecting a shift away from traditional biases.
Addressing unmarried parents and grandparents
Under Georgia law, the mother automatically has custody rights if the parents are not married. Still, fathers can establish their rights through legal proceedings. This highlights the importance of legal steps for unmarried fathers who wish to actively participate in their child’s upbringing.
Grandparents also have the right to request visitation, although these rights are not automatic and must be granted by the court. This provision allows for a more inclusive approach, considering the extended family’s role in a child’s life.
In Georgia, child custody laws aim to provide an equitable framework that prioritizes the child’s needs and interests. The notion that mothers are favored over fathers is a misconception, as modern legal practices try to ensure that both parents can contribute to their child’s upbringing.
