Georgia Divorce Mothers’ Rights
Georgia courts act in the best interest of the child in all matters relating to minor children. As a result, the court tends to look more favorably upon the parent who is considered to be the primary caregiver when awarding primary custody. In most circumstances, this person is the mother.
Custody and Divorce
In the case of divorce where paternity is established, a father may fight for primary or shared custody. It is important to understand that even if you are awarded custody, you and your former spouse must still come to an agreement with regard to visitation and child support.
If a child’s parents are unmarried, the mother is presumed to have primary custody. Her rights are greater than those of the father, unless it is proven that she is unfit as a parent.