If you are undergoing a divorce in which custody of your child is on the line, you might wonder whether the court will look more favorably upon the mother or the father. There is certainly a widespread belief that courts prefer mothers when it comes to child custody cases, but does it ring true?
Knowing what to expect as you proceed through your divorce will help you prepare a stronger case for your rights as a guardian of your child. By understanding why the court might prefer mothers and what the law actually says on the matter, you can plan accordingly.
Why is there a myth of courts preferring mothers?
The notion that courts prefer mothers in matters of child custody is a myth, but only as of recent times. This belief is a holdover from a time when a judge would regard caregiving as a mother’s job without a second thought. Most courts now recognize that parenting is also a suitable role for fathers.
What does Georgia law say about child custody preferences?
Regardless of any personal biases a judge may hold, the law has the final word in any courtroom matter. Georgia’s legal code on child custody proceedings states that neither parent has an assumed right to custody based on their gender or any first impressions the court might have. Instead, the judge must make an impartial decision that prioritizes the child’s best interests above all else.
While the misconception that courts prefer mothers will not go away anytime soon, the fact remains that it is in the realm of myth in the modern day. Mothers and fathers have equal rights to pursue child custody under the protection of the law.