Can Fathers Get 50/50 Custody in Georgia? Understanding the Law and Maximizing Your Chances
In Georgia, fathers are legally entitled to the same consideration as mothers when it comes to child custody. The law is gender-neutral on its face, but that doesn’t mean the road to 50/50 custody (also known as joint physical custody) is an easy one. Equal time-sharing, while increasingly common in some states, is still the exception rather than the rule in many Georgia courts.
This post explains how Georgia courts evaluate custody, where equal custody requests often go wrong, and what fathers can do to maximize their chances of achieving a truly shared parenting arrangement.
How Georgia Courts Evaluate Custody
Georgia law prioritizes the best interests of the child above all else. The primary statute guiding custody decisions, O.C.G.A. § 19-9-3, sets forth a list of factors judges must consider, including, but not limited to:
Each parent’s past and present involvement in the child’s life
The emotional bond between the child and each parent
The home environment offered by each parent
Each parent’s ability to meet the child’s emotional, educational, and medical needs
Willingness to co-parent and foster a relationship with the other parent
Any history of abuse, neglect, or substance misuse
No single factor is determinative. Instead, judges weigh the totality of the circumstances to determine what custody arrangement best promotes the child’s stability and well-being.
Where 50/50 Custody Requests Often Fail
Although 50/50 custody is a legal possibility in Georgia, it is not automatically granted simply because a parent asks for it. In fact, requests for equal physical custody are often denied when the parent making the request has not historically shared parenting responsibilities in a meaningful way.
This is where many fathers run into trouble:
Late-In-The-Game Involvement: Courts are skeptical of sudden attempts to become more involved only after a custody case has started. If a father historically relied on the mother to manage school drop-offs, doctor’s appointments, bedtime routines, and discipline, a judge may view a sudden push for 50/50 time as tactical rather than genuine. Judges know that consistency and routine are often in the child’s best interest, and may prefer to preserve the status quo unless there’s a compelling reason to make a major change.
Lack of Logistical Preparedness: 50/50 custody requires not just desire, but capacity. Fathers who live far from the child’s school or extracurricular activities, work long or inflexible hours, or cannot provide equivalent housing and support systems may struggle to convince the court that a true 50/50 schedule is feasible.
Weak Co-Parenting History: Even if both parents are loving and capable, courts may hesitate to impose a 50/50 schedule if there’s evidence of poor communication, frequent conflict, or unwillingness to compromise. Judges often see high-conflict joint custody arrangements lead to repeated litigation, instability for the child, and increased parental tension.
Focus on Parental Rights Instead of the Child’s Needs: Courts are not interested in what’s “fair” to the parents. They are concerned only with what is best for the child. Fathers who frame their custody case around their rights rather than the child’s needs may find their arguments fall flat. The most persuasive custody petitions show how the requested arrangement benefits the child first and foremost.
Custody Requests Motivated by Financial Goals: Another red flag for courts is when a parent requests 50/50 custody primarily as a strategy to reduce or eliminate child support obligations. While it is true that parenting time can affect child support calculations under Georgia’s income shares model, judges are quick to spot when a custody request is financially motivated rather than rooted in a sincere desire to co-parent. If the court concludes that a parent’s primary interest in equal time is economic, the request is likely to be denied.
Best Practices for Fathers Seeking 50/50 Custody
So what works? To put themselves in the strongest possible position to request 50/50 custody, fathers should begin laying the groundwork long before a case is filed.
Establish a Record of Involvement: Document your involvement in your child’s life: drop-offs, pick-ups, school functions, sports practices, homework help, doctor visits, and meal preparation. A journal, shared calendar, or text messages can help build this record to be able to prove it in court.
Create a Stable, Child-Centered Home: Ensure your home is suitable for overnight stays and school routines. Judges will want to know that your household is clean, safe, and child-focused, with adequate sleeping arrangements and a schedule that supports the child’s development.
Live Close to the Other Parent (if Possible): Judges are more open to 50/50 custody when parents live within a short distance of each other and the child’s school. Long commutes or complicated transitions can weigh against equal time-sharing.
Work on Communication: Courts want to see that you can co-parent respectfully and make joint decisions. If you struggle with communication, consider working with a co-parenting counselor or mediator to improve this before asking the court for equal time.
Don’t Wait to Get Involved: If you’re seeking 50/50 but your current involvement is limited, start making changes now—before filing. Judges are more inclined to believe in a father’s long-term commitment to shared parenting if they see consistent effort over time, not just during litigation.
Final Thoughts: 50/50 Custody Is Very Possible—but Not Automatic
Georgia courts are not biased against fathers, but they are highly focused on preserving the child’s sense of stability, continuity, and emotional security. Requests for 50/50 custody are most successful when backed by a credible, consistent parenting history and a detailed, child-focused plan.
If you’re a father seeking equal parenting time, Resurgens Legal Counsel, LLC can help you build a strategy that puts your child’s best interests front and center, and gives you the best chance at a meaningful, shared parenting arrangement.
Contact Resurgens Legal Counsel today at (770) 765-7550 or schedule a consultation directly through our website today.