Blog Layout

Who Gets Custody After A Divorce?

Nov 28, 2018

You and your partner have decided to separate, and the first thing that comes to your mind about the upcoming divorce is child custody. You start researching Georgia child support laws and child custody laws in Georgia . You read everything you can find about making joint custody work . You feel prepared to meet with a divorce and custody attorney and proceed, but there’s one nagging question: Who will get custody after your divorce?

Here at The Fairell Firm, we handle family law for clients throughout Atlanta. We’re located in Tucker, and our custody attorneys are experienced in family law — including specific nuances of family law in Georgia. In today’s blog, we’ll discuss some of the aspects that can influence who will obtain either physical or legal custody in your upcoming divorce. Contact us today for help with filing for custody and understanding child custody laws in Georgia.

There Is No Presumption Of A Preferred Parent

First and foremost, it is important to note that there is never a presumption of a preferred parent. Many families and individuals assume the mother will more easily gain primary custody, but that simply is not true. Courts will look at what is in the best interest of the child or children and make a decision from there. There are more than 20 different factors that can contribute to this, some of which we’ll discuss below.

Of course, unmarried fathers have no legal rights to their children in Georgia — unless they file a petition for legitimation. If you are an unmarried father who would like to have legal rights to and custody of your children, learn more about legitimation and why it’s necessary for your rights .

Determining What’s In The Child’s Best Interest

Just as you care that your child is taken care of and protected, so does the court. Family law is involved with protecting just that — the family. A child custody lawyer can help you make a case for why you should have legal or physical custody, but here are a few of the determining factors of the child’s best interest:

    • Safety – If a child’s safety could potentially be compromised by staying with a certain parent, then that parent will likely not receive legal benefits.
    • The child’s age – The court will look at the bond between young children and their parents and will sometimes choose the parent who has been the primary caregiver.
    • Consistency – Children perform better with a consistent, comfortable routine, so courts will try to keep the routine as unchanged as possible (school, child care, living arrangements, etc.)
  • Evidence of parenting ability – The parent trying to obtain legal custody has to prove they can parent — whether that’s providing food and shelter or love and support.

Work With A Custody Attorney In Atlanta Today

When you’re embarking on a custody battle, you’ll want an attorney experienced in family law on your side. Meet our custody attorneys and contact us today to get started.

Share by: