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They shouldn't not automatically and the present day courts do not necessarily favor the mother over the father. The aforementioned is only applicable when it relates to children of a legally married couple. Mothers of children born out of wedlock are considered to have sole legally and physical custody until a court rules otherwise.

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13y ago
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12y ago

There are many reasons. Historically, mothers are more often the care givers even when they work outside the home. Also, fewer fathers want full custody of their children. The father must consult with an attorney who specializes in custody issues who can review the situation and explain the father's rights and options.

Background:Up to and through the early twentieth century fathers were typically favored for child custody if the marriage ended. That custom gradually changed since the courts had to acknowledge that the mother was the primary care giver and she should keep raising the children in their tender years. That presumption gave way to the best interest of the child doctrine in the 1970s. It is a fact of family life that mothers usually provide the day to day, primary care of their children even if they work outside the home. It should be remembered that shared parenting is the best possible solution to a divorce. Fighting over custody often has other motivations at its root such as wanting to hurt the other parent, wanting to maintain control and wanting to avoid paying child support. The mother is often the target in custody battles and those battles set the stage for years of legal wrangling.

Courts know that generally speaking, mothers are the ones who provide the day to day care for their children, even if they also work outside the home. It is also true that many fathers take an active role in raising their children. If the father was the primary caregiver then he should be considered primary custody since caregiving should be the main qualification for awarding physical custody along with a healthy, stability and safe environment.

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Q: Why should the moms be awarded custody?
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How do you get custody of a child in Georgia?

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