How can a mother gain custody of her child in Georgia?

Kellyn Kidwell, Georgia managing attorney | Marble Law

Georgia managing attorney at Marble Law

Published March 6, 2025 · 6 min read

Key Takeaways

There are two types of custody: Physical custody is the physical care and supervision of a child, and legal custody is the authority to make decisions about a child’s well-being.
Custody decisions are made primarily based on what is in the best interests of the child. This often involves taking into account the child’s needs and wishes, the parents’ physical and mental health, the relationship the child has with each parent, and if the parents are willing to work together.
A mother may be granted full custody of her child in Georgia if the other parent abandoned the child, gave away their custody rights, or abused the child.
Courts don’t favor one parent over the other. Instead, courts look at all the evidence and make a ruling that’s in the best interest of the child.

What is full parental custody?

Full parental custody is also called sole custody. As you may guess from the name, full custody means that only one parent has custody of their child.

A parent may have full physical custody, full legal custody, or both.

Full physical custody is when a child lives with one parent all of the time. This parent is responsible for providing the child with shelter, food, and water. The other parent may be granted visitation rights.

Full legal custody is when one parent has the authority to make all major decisions about a child’s upbringing. This can include:

Where they attend school
What type of religion, if any, they practice
Decisions about medical care
What activities the child participate in

There’s no presumption that a father or mother will get full custody of their child. The duty of the judge in all custody cases is to exercise discretion to first determine solely what’s for the best interest of the child and what will best promote the child's welfare and happiness and then to make his or her award accordingly.

However, there are some situations where the law has deemed it appropriate for a parent to lose custody of a child. These include, but aren't limited to:

An image showing the skyline of Atlanta, Georgia at night.

Where a parent has abandoned or neglected a child
Where a parent has voluntarily given away custody rights of the child
Where a parent has engaged in cruel treatment of the child
Where a parent has been convicted of murder or voluntary manslaughter of the other parent of the child

If the other parent loses custody for any of these reasons, the other parent may be granted full custody of the child.

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What does best interest of the child mean?

A judge considers many factors to determine the best interests of the child. These factors address how responsible a parent is in raising the child. Georgia law instructs a judge to consider any relevant factors including, but not limited to, the child’s:

Physical safety and welfare, including food, shelter, health, and clothing
Need for stability and continuity of relationships with other family members and caregivers
Sense of attachments, including his or her sense of security and familiarity, and continuity of this affection for the child
Community ties, including church, school, and friends
Home, school, and community record and history, plus any health or educational special needs
Background and ties, including familial, cultural, and religious

The court also factors in each parent’s:

Relationship with the child and whether that parent fosters love, affection, and bonding with the child
Capacity and disposition to give the child love, affection, and guidance and to continue the education and rearing of the child
Ability to provide a home environment that promotes nurturance and safety of the child rather than superficial or material factors
Mental and physical health
History of any family violence or sexual, mental, or physical child abuse

Other factors to determine the best interests of the child may include the:

Love, affection, bonding, and emotional ties the child has with any siblings, half siblings, stepsiblings, and/or other the residents of the home
Stability of the family unit and the presence or absence of support systems within the community to benefit the child
Least disruptive placement alternative for the child
Preferences of the persons available to care for the child
Uniqueness of every family and child

Lastly, courts often also consider:

Any risks of entering and being in substitute care
The child’s wishes
Any recommendation by a court appointed custody evaluator or guardian ad litem
Any other factors considered by the court to be relevant and proper to its determination

The Court will also determine which parent is entitled to final decision-making authority on certain issues related to the upbringing of the child. For example, the custodial parent may be awarded final decision-making authority on issues related to medical and educational care; while the noncustodial parent may be awarded final-decision making authority on issues of extracurricular activity and religious up-bringing.

The best interest of the child is important in determining whether a parent might obtain full custody, because the court needs to make sure that this single parent can provide everything the child needs, physically, emotionally, financially, and mentally. This criteria touches upon all of these aspects and looks at the parent’s full history to best guess how they will behave in the future.

What does best interest of the child mean?

Do I qualify for full parental custody?

The only way to qualify for full parental custody is for the court to determine that full custody is in the child’s best interest.

Typically the courts prefer both parents to have custody, but there are extenuating circumstances in which that might not be appropriate. If one parent loses custody of their child, the other parent may be granted full custody. Circumstances when a child may lose custody include if a child:

Lives in destitution or suffering
Has been begging
Is being raised under immoral, obscene, or indecent influence, such as a habitually drunk parent
Has been abandoned by the parent
Is being neglected by the parent
Is being harmed or abused in any way by the parent

What evidence do you need to gain full custody in Georgia?

The evidence you need to gail full custody in Georgia depends on the circumstances of your case. That said, some or all of following may help support your case:

Healthcare records for the child
School records for the child
Records from child development or education professionals
Child welfare reports
The child’s testimony (if they’re of appropriate age and maturity)

Additionally, other evidence that may help includes:

Healthcare records for the parents
Police reports
Witness testimony
Photos
Recordings
Emails, texts and other correspondence

Need help with your custody case?

Custody cases can be complex. A lawyer can help you and your employer prepare the proper documentation, meet deadlines, and avoid costly mistakes. Marble is here to guide you through every step, making the custody case process smoother and more efficient.