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Chances of father getting 50/50 custody in Georgia

by Sharon Jackson  on August 28, 2023 under 

In Georgia, fathers have an equal chance of being awarded 50/50 custody of their children as mothers. The outcome, however, will depend on a variety of factors, including the specific circumstances of the case, the relationship between the parents, and both parents' ability to co-parent effectively.

When determining a custody arrangement, a judge takes into account several factors, including:

  • The age, needs, and preferences of the child.
  • The parent’s capacity to meet the child's physical and emotional requirements.
  • The parenting abilities exhibited by both parents.
  • The nature of the relationship between each parent and the child.
  • The willingness of the parents to cooperate and work together in parenting matters.
  • Any history of violence or abuse involving either parent.

Can parents in Georgia obtain a 50/50 joint custody arrangement?

In Georgia, under certain circumstances, parents can obtain a 50/50 joint custody arrangement. Despite courts historically leaning towards granting primary custody to one parent, there is a growing trend among divorcing parents to seek equal parenting time. The decision on custody is largely at the discretion of the judge and is influenced by factors such as the relationship between the parents and the feasibility of joint custody. Understanding the elements that may increase the likelihood of a 50/50 custody agreement can help parents set realistic expectations and take appropriate actions to work towards a favorable outcome.

Factors that may impact a father’s chance of getting a 50/50 custody agreement:

Several factors come into play when determining whether a father will be granted joint physical custody in a 50/50 split.

The proximity of each parent’s home.

If parents who share custody live in close proximity, it ensures the child's school routine runs smoothly, and it eliminates the added burden of long travel times. If a father lives far away from his children, it will be more difficult for him to have regular contact with them. A judge is more likely to award equal custody when the father is an active part of the child's life and has regular contact with them.

Effective co-parenting.

The ability to co-parent amicably, agree on daily routines, and make major life decisions together is essential. It requires respectful and cooperative communication between ex-spouses and the ability to resolve disagreements with minimal impact on the child. Additionally, the ability to make joint decisions regarding the child's education, healthcare, and other important matters is crucial.

Time and means to fulfill parental duties.

Meeting parental obligations in terms of time and ability is crucial in determining custody arrangements. It is essential to demonstrate that you can fulfill your responsibilities by regularly taking your child to appointments and extracurricular interests. Your work schedule, whether consistent or flexible, may also be taken into account. Showing a consistent commitment to being actively involved in your children's lives is important, including attending school events, doctor's appointments, and other activities. Additionally, emotional availability, providing love and support, is necessary.

A solid and secure home atmosphere for the children.

Creating a stable and safe home environment for the children is another important factor. This includes maintaining a clean and well-furnished home, ensuring they have adequate food and clothing, and prioritizing their safety from any harm.

Demonstrating stable employment and income.

This is important as it showcases to the court that you possess the financial capability to provide for your children.

The child’s age and unique needs.

Older children may be better able to adapt to living in two different homes, while younger children may be more attached to their primary caregiver and may benefit from a more stable home environment.

Children with special emotional or physical needs may also require a more specialized care arrangement. For example, a child with a disability may require specialized care that can only be provided by one parent. The judge will also consider the child's educational needs, extracurricular activities, and religious beliefs.

What the child wishes.

In Georgia, a child who is 14 years old or older can choose which parent to live with. The judge will generally follow the child's wishes, as long as it is in the child's best interests. Children who are 11-13 years old can also express their wishes, but the judge will consider other factors, such as the child's educational needs, before making a decision.

The agreement between both parents regarding a 50/50 custody arrangement.

While it is not necessarily a deal-breaker if one parent objects to such an arrangement, having a mutual agreement greatly benefits the case. It is advisable for parents to engage in open communication and strive to reach a parenting plan that satisfies both parties prior to entering the court process.

It is important to keep in mind that the best interest of the children holds paramount importance in custody determinations. Demonstrating to the court that a 50% custody arrangement is in the best interest of the children increases the likelihood of being awarded such an arrangement.

Consider the following additional suggestions that could assist you in your custody case:

Collect evidence.

Compile relevant documents such as school records, medical records, and letters from individuals such as friends, family, and teachers who can attest to your abilities as a parent.

Be prepared to give testimony.

Be ready to provide testimony in court regarding your parenting skills and the reasons why you believe a 50% custody arrangement is in the best interest of your children.

Maintain patience.

Be patient throughout the potentially lengthy and challenging process of obtaining 50% custody. It is crucial to remain optimistic and prioritize the well-being of your children.

Seek legal representation.

In the face of a custody dispute, it is advisable to consult with a knowledgeable family law attorney. A lawyer can give you guidance and support throughout the legal process. They can provide valuable insights into the legal framework, your rights, and offer representation in court to safeguard your interests.

Contact us

As equal shared custody arrangements are not commonly granted in Georgia, it is crucial to seek assistance from a skilled attorney if you desire this type of parenting schedule. For reliable guidance and support tailored to your circumstances, Attorney Sharon Jackson LLC in Gwinnett County is well-prepared to help. To receive personalized assistance, please reach out at (678) 909-4100.


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