One common misconception in divorce cases is the belief that a mother will automatically be granted custody of the children. However, this simply is not the case. In reality, determining child custody is a far more complicated process than many people realize.

Statistically, it’s a fact that mothers are more likely than fathers to be awarded custody during divorce proceedings in the US. However, the myth of mothers always earning custody is a thing of the past. In many cases, mothers are also income earners, while fathers have taken on more traditional child-rearing duties. There is no implicit bias in the courts based on the gender of the respective parents during a divorce. Decisions pertaining to child custody are based on several factors all designed to ensure a decision that is in the best interest of the child or children involved. The Courts mostly consider the historical roles of the parents during the marriage in an attempt to maintain consistency for the children involved.

The most important factors that go into the court’s child custody decision include:

• The physical, mental, and emotional wellness of both parents and how capable they are of providing care for their child
• The physical and developmental needs of the child
• The specific relationship and bond each parent has with the child in question
• Which parent is better able to promote and foster a continuing, healthy relationship between the child and the noncustodial parent.
• Any history of parental abuse, domestic abuse, neglect, or anything else that can put the child at risk
• The preference of the child (as long as they are at least 11 years old according to Georgia state law)
• The criminal histories (should they exist) of both parents

Here at Oxendine Law, our legal experts have over 25 years of combined experience working child custody cases for our clients. If you have any additional questions pertaining to child custody or any other family law matter, please don’t hesitate to contact Oxendine Law at (770) 497-8688. We are available to meet in-person, over the phone, or by video conference. You can also follow along with us on Facebook and Instagram for additional family law tips, news, and more helpful information.