When parents divorce, child custody decisions become one of the most emotionally charged and legally complex aspects of the process. At Hobson & Hobson, P.C., our family law attorneys help Georgia parents navigate custody arrangements that prioritize children’s best interests while protecting parental rights.
How Georgia Courts Determine Child Custody
Georgia family courts use “best interests of the child” as the primary consideration when making custody decisions. Key factors include:
- Parental ability to provide stable housing
- Emotional bonds between parent and child
- History of caregiving responsibilities
- Mental and physical health of parents
- Willingness to support child’s relationship with other parent
Unlike some states, Georgia does not automatically favor mothers in custody decisions. Judges evaluate each parent’s capacity to meet the child’s needs through home studies, psychological evaluations, and custody mediation sessions.
Child Custody Statistics by Gender
Recent data shows evolving trends in custody arrangements:
| Custody Type | Mother Primary | Father Primary | Joint Custody |
|---|---|---|---|
| Physical | 44.9% | 11.4% | 43.7% |
| Legal | 35.9% | 14.3% | 49.8% |
Source: U.S. Census Bureau
These statistics demonstrate that while mothers still receive primary physical custody more often, fathers’ custody rights have increased significantly in recent decades. At Hobson & Hobson, we help fathers overcome historical biases through strategic evidence presentation.
Types of Custody Arrangements
Georgia recognizes two main custody categories:
Legal Custody
Decision-making authority regarding:
- Education
- Healthcare
- Religious upbringing
- Extracurricular activities
Physical Custody
Residential placement determining where the child lives. Common schedules include:
- 50/50 shared parenting
- Weekday/weekend splits
- School year/summer arrangements
Our attorneys frequently negotiate custom parenting plans that combine legal and physical custody elements tailored to each family’s needs. Learn more about custody options.
Factors Influencing Custody Outcomes
1. Parental Involvement
Courts favor parents who:
- Attend school events
- Participate in medical decisions
- Maintain consistent communication
2. Stability Considerations
Judges evaluate:
- Home environment quality
- School district continuity
- Extended family support
3. Financial Capacity
While not determinative, the court considers:
- Ability to provide necessities
- Health insurance coverage
- Child support compliance
4. Parental Conduct
Negative factors include:
- Substance abuse issues
- Domestic violence history
- Parental alienation attempts
At Hobson & Hobson, we help clients document favorable factors while mitigating potential weaknesses in their case. Explore our custody strategy.
How Often Do Fathers Get Custody?
Recent Georgia statistics show:
- 27% of fathers receive joint physical custody
- 14% obtain primary physical custody
- 63% secure shared legal custody
These numbers reflect improved success for fathers who:
- Maintain active parenting roles
- Secure experienced legal representation
- Participate in mediation processes
Our firm’s fathers’ rights practice has helped numerous clients achieve favorable custody outcomes through documented parenting logs and expert testimony.
Mediation vs. Litigation
Court Process
- Formal evidence presentation
- Expert witness testimony
- Judge makes final decision
Mediation Benefits
- Faster resolution (average 42 days vs 187 days)
- 73% success rate in Georgia
- Lower emotional impact on children
Hobson & Hobson attorneys recommend mediation first, but we’re prepared for aggressive litigation when necessary. Review our mediation approach.
FAQ: Child Custody in Divorce
Who usually gets custody of a child?
Georgia courts favor the parent demonstrating greatest capacity to support the child’s emotional, educational, and physical needs. No automatic preference exists for either gender.
What percentage of mothers get custody?
Statewide, 58% of mothers receive primary physical custody, though this varies by county. Joint custody arrangements now represent 37% of cases.
How often do fathers win custody battles?
Fathers secure primary custody in 18-22% of contested cases nationally. With proper documentation and legal strategy, this percentage increases significantly.
Who wins most child custody cases?
Parents who:
- Maintain stable households
- Facilitate co-parenting
- Avoid confrontational behavior
- Work with experienced attorneys
Can grandparents get custody?
Yes, under Georgia Code § 19-7-1, if parents are deemed unfit. Our firm has successfully handled several grandparent custody cases.
Protect Your Parental Rights
Navigating custody decisions requires experienced legal guidance. Hobson & Hobson’s family law attorneys combine 30+ years’ experience with modern mediation techniques to help parents achieve fair custody arrangements. With five metro Atlanta locations, we make quality representation accessible.
Schedule a custody consultation or call (770) 284-6153 to discuss your case. For additional resources, visit:
Disclaimer: This article provides general information, not legal advice. Consult an attorney for case-specific guidance.
Attorney Sarah Hobson at Hobson and Hobson, P.C. are powerful advocates for those who fight for better futures for those going through divorce and custody law matters.
