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Does the Mother Always Get Custody?


December 14, 2011
Does the Mother always get Custody ?

When two parties get a divorce, they stand on equal footing regarding the custody of the children. There is no automatic right of custody in either parent. Georgia law generally favors a sharing of the rights and responsibility of children between parents, and the court must at least consider a joint custodial arrangement. The test for determining custody is the child's best interest. Parents can reach an agreement regarding the custody of their child.

If the parents cannot reach an agreement, there are a number of factors considered by court's when determining the child's best interest, including, but not limited to the emotional ties of the child to each parent, emotional ties of the child to its siblings, the ability of the parent to care for the child, the knowledge and familiarity of each parent of the needs of the child, the capacity and disposition of each parent to provide the child with food, clothing, medical care, day-to-day needs along with many other factors. Absent an agreement with your spouse, custody will be determined by the judge hearing your case.

If you are in the divorce process, or think you will be, contact an attorney to discuss your custodial rights and the factors the courts consider when determining custody. Custody is quite frequently the most important issue in divorces with minor children, and custody often determines many other issues in divorce cases.

Karen has an MBA from Boston College and received her law degree from Emory. She has an office in Alpharetta and has practiced family law since 1994. She is a Guardian Ad Litem and active Foster Care Advocate with area courts and is also on the Family Law Executive Committee for the State Bar of Georgia. She frequently speaks state wide on family law issues and can be contacted at 770-952-5000.
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