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Fathers and mothers can equally fight for custody. However, there are specific situations where the mother may get sole custody. One is if the child was born out of wedlock. The mom is presumed to be the only legal parent of the child and thus the only custodial parent.

What is a spouse entitled to in a divorce in Georgia? Under Georgia law, each spouse is entitled to an ?equitable? share of the marital property. This does not equate to an equal division, but instead a ?fair? split between the parties.

These rights include custody, visitation, making decisions for the child, accessing the child's medical history, and leaving an inheritance to the child. Without legitimation, only the mom (and the legally presumed father, if any) will have these parental rights. Legitimation does not guarantee child custody.

Visit the Clerk's Office of the Superior Court to begin child custody proceedings. File a petition to begin child custody proceedings. You can file a petition for child custody in your county's Superior Court. If you are divorcing, the petition will be included in your divorce papers.

Georgia does not have a unified court system, and that means that each court may require unique forms or special language in pleadings.

Family Law in Georgia includes Divorce, Child Custody, Legitimation, Paternity, and Separate Maintenance cases, referred to as Domestic Cases by the Superior Courts. Adoptions are specialized matters that are part of Family Law, as are Juvenile Court matters.