Fathers of young children were historically at a disadvantage in seeking custody of their children due to tender years doctrine—a theory courts adopted in the belief that children had a greater need for the love and care of their mothers during their tender years. Under the tender years doctrine, custody of young children was automatically given to the mother unless there were unusual circumstances. Today, courts more often recognize the important role both parents play in the lives of young children, and usually order some form of shared custody arrangement. But there are factors the court may consider that sometimes favor one parent over the other in determining who will be the primary custodian of the children—such as giving preference to a parent who has not been working outside the home, and has therefore been spending more time taking care of the children’s daily needs.

In Georgia, the tender years doctrine, which historically favored mothers in child custody cases, is no longer a legal standard. Today, Georgia courts focus on the best interests of the child when determining custody arrangements, as outlined in the Official Code of Georgia Annotated (O.C.G.A.) § 19-9-3. This statute emphasizes that there is no presumption in favor of either the mother or father, and both parents are considered on equal footing when it comes to custody decisions. Factors that may influence the court's decision include each parent's relationship with the child, the child's needs, and the ability of each parent to provide for those needs. While the court may consider which parent has been the primary caregiver, this is just one of many factors evaluated in the context of the child's best interests. Shared custody arrangements are common, but the specifics of each case can lead to a primary custodian being named based on the circumstances presented. An attorney can provide guidance on how these factors may apply in a specific case.