A common question we receive is whether a father can win a child custody case. The simple answer is yes. That answer, however, glosses over what is involved in making a child custody determination in Georgia.

It is essential to understand that Georgia law does not provide any bias, based on the gender of the parent, for determining custody. Georgia law goes out of the way to expressly state that it does not favor either parent when making a custody decision. O.C.G.A. § 19-9-3(a)(1). In fact, it is well settled in Georgia case law that when it comes to child custody determinations in Georgia, both mothers and fathers have equal status under the law. Gambrell v. Gambrell, 244 Ga. 178 (1979).

Why do so many individuals believe that fathers can not get a “fair shake” when it comes to custody determinations? That is a question well beyond the scope of our site. That said, we wanted to reassure fathers that just because you are a father does not mean that you can not be awarded primary physical custody.