Last updated on September 9, 2024
To help ensure accuracy, this page was written, edited and is periodically reviewed by a knowledgeable team of legal writers per our editorial guidelines. It was approved for publication by founding attorney Samuel Siemon, who has amassed extensive experience as a Georgia family law attorney. Our last modified date shows when the page underwent a review.
Safeguarding Mothers’ Bonds With Their Children
If you are the mother in a contested child custody case in Atlanta, you shouldn’t assume that courts will give you priority because you are the mom. Georgia family law is gender neutral, and courts are just as likely to award child custody to a father as to a mother, based on the facts of the case.
At The Siemon Law Firm Divorce and Family Law Attorneys, P.C., our lawyers know what it takes to obtain primary residential child custody for mothers in contested divorce cases and child custody disputes. To talk to an attorney at our firm, call 770-888-5120 or contact us online.
How Georgia Courts Decide Child Custody
While many mothers come to us seeking sole custody, absent issues such as child abuse or an unsafe environment, courts favor joint or shared custody. Even if a father is not perfect, courts believe it is in the best interests of children to have both parents involved in their lives.
The contested issues in many divorces are which parent should have primary residential custody and how much visitation the other side should have. The number of overnight visits your spouse has with your children each year can affect the amount of child support he has to pay.
Determining The Best Interests Of The Children
If the two parties are unable to reach an agreement through negotiation or mediation, the judge will decide based on what it perceives to be the best interests of your children. The judge will carefully examine factors such as who has been the primary caretaker, the lifestyles of the parties, the home environment where the children will live, and the wishes of the children if they are older.
Even when both parents work, mom still serves as the primary caretaker in most families by doing such things as helping the children get ready for school, taking care of sick children and putting children to bed at night. Our lawyers are experienced in presenting the right evidence and arguments to support your child custody goals.
Questions Mothers Often Have About Child Custody
The child custody process is fraught with uncertainty, which raises many questions for parents as they navigate it. We’ve compiled a list of mothers’ common concerns and addressed them below. Having an idea of what lies ahead can help quell your anxiety.
How Do The Courts Make Child Custody Decisions?
The courts use the best interests of the child principle when making child custody decisions. Because so many factors are involved in the decision, having this overarching guiding principle helps the courts ensure they create the best arrangements for children’s well-being and development.
What Factors Are Involved?
The factors involved in child custody decision-making include the following:
- Each parent’s relationship with the child
- Each parent’s ability to care for the child
- Each parent’s living situation
- Each parent’s employment and work schedule
- Any evidence of either parent mistreating the child
- History of either parent abusing alcohol or drugs
More factors could affect the court’s decision depending on the case.
Can Children Choose Which Parent To Live With?
The child’s preference alone will not determine the outcome, but the courts may consider a child’s wishes if they are 11 or older.
What If My Child Would Be Unsafe With The Other Parent?
Because the courts are chiefly concerned with acting in the child’s best interests, they would not allow a child custody arrangement in which they believe the child would be unsafe.
How Do I Present A Strong Argument For Child Custody?
The best way to assemble a strong argument is to work with an attorney who is skilled and experienced in child custody matters.
Do Child Custody Arrangements Last Forever?
You and your ex-spouse will have some form of a custody arrangement until your child turns 18. However, it may not be the same one you have when you first get divorced. Your parenting plan can change as your child grows to adapt to their needs.
Being nervous as you approach child custody matters in your divorce is natural. But with good legal representation, there’s no need to be fearful. The attorneys at The Siemon Law Firm Divorce and Family Law Attorneys, P.C. are here to ensure your child custody arrangement helps you and your child thrive.
Contact Our Custody Lawyers Today
From our offices in Alpharetta, Atlanta, Cumming and Marietta, our attorneys represent mothers in child custody and visitation cases throughout the greater metropolitan area. For a personal, discreet consultation, call 770-888-5120.
