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Does the mother have preference when child custody is decided?

In a Georgia family law case, child custody can be one of the most contentious issues that people must deal with. Often, both parents want primary custody. At the outset, there might be a perception that the court will favor one parent over the other based on reasons that go beyond serving the child’s best interests. Those who are concerned about this should understand the law and how the determination is made.

The court does not favor a parent based on gender

There is a longtime perception that when all other things are equal, the mother will get primary custody of a child. However, state law says otherwise. There is no immediate preference to give custody to the mother. The court needs to hear the evidence before making its decision.

When a judge looks at the evidence, there are key factors that will be considered. That hinges on how best the child will be cared for and their needs are met. To come to a fair decision, the judge can look at myriad aspects.

For example, if the child bonded with one parent over the other, then the judge can decide that they will be better off if that parent has primary custody. One parent might be the breadwinner while the other is a stay-at-home parent. Since the child has likely grown accustomed to being with that parent and they have the time to provide the care, that could be a key part of the process.

The court strives for continuity in the child’s life and wants to avoid disruption as much as possible. That too could mean the parent who has spent most of the time with the child will have preference. It does not hinge on gender. It is also possible that the court decides that joint custody is the best way to serve the child’s needs in every way. The judge has wide discretion.

Parents need to understand how custody is decided and present their case

It is vital that the parents be aware of how child custody is decided upon and focus on the child’s needs. That includes whether it is primary custody or joint custody; deciding on a visitation schedule; gauging how the child will adapt to the new circumstances; their health, nutrition, education and more. For some, there is room to negotiate without the need for court intervention. Regardless, both parents need to understand the value of professional guidance to protect their interests as the case proceeds.