Child Custody Rights for Fathers in Georgia

Child custody rights for fathers in a divorce are an important aspect which has evolved over time. Previously, children were considered to be father’s property and under common law, fathers were awarded custody of children in the event of dissolution of marriage. Things changed as time progressed and there came a phase in time when children were handed over to the mothers since it was then observed that children did better in custody of mothers. Currently, custody for fathers is also being given equal credence.

Children do best in presence of both mother and father, and legal system and law makers recognize this. But still there are courts and judges who believe that primary care giver during a marriage should continue to be so even after a divorce. Due to this, mothers continue to have an edge over fathers in custody disputes. 70% of cases see custody awarded to mothers and only 20% cases are allowed joint custody. Sole custody is awarded to fathers only less than 10% of time. Sometimes fathers are even not allowed visitation rights.

Joint custody of children allows both parents to spend time as well as take decisions concerning child. The parenting plan details out rights that can be enjoyed by both parents and major decisions like where the child would stay, which religion he would follow, where would he spend his weekends and holidays, etc. Joint custody is usually granted to fathers and mothers if judge feels that the child would benefit from such an association. They pass rulings based on interest and welfare of concerned child.

The family court in Georgia evaluates child custody cases based on several factors. They definitely hear the testimony of child whatever age they be but exercise special discretion where younger children are involved. The court also holds valid testimony of child psychologists evaluating the custody case whose conclusions are based on factors such as:

• Parenting history.
• Household stability.
• History of neglect and abuse of child.
• Personal behavior.
• Time available to dedicate to raising of child, etc.

Children of 14 years and above can choose the parent they want to live with and this is usually granted by the court unless found to be highly detrimental to the development of child. Those who are 11 years old can voice their choice but needs approval from court.

Many a times, parents mediate the child custody rights in a manner which proves to suit both part ies and satisfies the children too. Child custody can be determined out of court through mediation, and custody arrangements can be worked out with father’s interest also taken into consideration. This is by far the best method since there would be no ill feeling about it in future.