Child custody laws are different in most states, and the State of Georgia is no exception. However, irrespective of the state, every court will always have the best interests of the child at heart.
Custody hearings in Georgia base their decisions on a variety of factors. These include the love, affection and bonding between the child and each parent and their siblings; how capable and prepared each parent is to give the child not only love and affection but also guidance and education; the knowledge each parent has about the child and his or her needs; the ability of each parent to provide the child with daily care; the two different home environments and how suitable they are to care for the child, not merely how large they are; the stability of the two different family units; the mental and physical health of each parent; their employment and how much time they would have to care for the child and finally the past performance of each parent as it relates to bringing up and caring for the child.
If there is any element of family violence involved that will also be taken into account, as will any evidence of sexual, mental or physical abuse of the child. The court will also consider if either parent has any history of substance abuse.
Under Georgia law, it is not automatic for the mother to be given custody as both parents are considered to be equal. In addition to sole custody, the court can also award joint custody.