Split Decisions: The Slow Acceptance of 50/50 Custody in Georgia

In recent years, there has been a noticeable increase in requests for 50/50 custody arrangements during divorce and custody proceedings in Georgia. This shift reflects a growing preference among some parents for equal sharing of parenting time and responsibilities. Indeed, recent studies have shown that millennial dads are spending three times as much time with their children as previous generations. However, despite this growing popularity, courts have been relatively slow in fully embracing this model of custody.

What is 50/50 Custody?

50/50 custody, also known as joint physical custody, involves dividing the child’s time equally between both parents. This arrangement is seen by many as a way to ensure that children maintain strong, active relationships with both parents post-divorce. It's different from traditional arrangements where one parent (in many cases, the mother) is awarded primary custody, with the other parent receiving parenting time or visitation rights.

Georgia’s Approach to Custody Decisions

In Georgia, custody decisions are based on the best interests of the child. The courts consider several factors, including but not limited to, the age and special needs of the child, the emotional bond between the child and each parent, each parent’s ability to care for the child, and the stability of the home environment. See O.C.G.A. § 19-6-15. Under Georgia law, there is no presumption in favor of either parent, nor a presumption for or against primary or joint custody arrangements.

However, in our experience, Georgia courts tend to place a strong emphasis on stability for the children in custody decisions, which often means that the parent that was primarily responsible for the children during the marriage or before the custody action will maintain primary custody. Joint (or 50/50) custody arrangements remain fairly rare, though they are becoming more common than they used to be.

Why the Hesitance Towards 50/50 Custody?

Despite the potential benefits of 50/50 custody in some cases, Georgia courts are often cautious in awarding such arrangements. One reason for this hesitance is the concern about the logistical and emotional impact on children who must frequently transition between two homes. Courts are particularly cautious in cases where there is a high level of conflict between the parents or significant differences in parenting styles and values.

Moreover, the traditional view of one primary caretaker still influences many custody decisions. Judges may be more inclined to grant a more stable, less disruptive arrangement by keeping the child primarily in one home, especially in cases where one parent has been the primary caregiver. Some judges come to every case with a predisposed view that 50/50 custody arrangements are often unworkable for separated parents. Any parent seeking 50/50 custody will inevitably have to contend with the views of the particular judge their case is assigned to.

The Slow Shift in Judicial Attitudes

Although the adoption of 50/50 custody arrangements has been slow, there has also been a gradual shift in judicial attitudes. As societal norms evolve and more research supports the benefits of shared parenting, courts are beginning to consider these arrangements more favorably. However, the transition is gradual, and each case still is assessed on its individual merits and circumstances.

Some foreign jurisdictions that have adopted presumptions in favor of 50/50 custody have begun shifting away from that approach. For example, in Australia, the federal parliament recently repealed  a legal presumption in favor of equal, shared parental responsibility. There, they found that the presumption created additional complications and safety issues in cases where domestic abuse was present.

Conclusion

For parents considering a 50/50 custody arrangement in Georgia, it is essential to present a strong case that demonstrates the viability and benefits of this arrangement for their specific situation. This includes showing that both homes provide stable and nurturing environments and that the parents can cooperate effectively in raising their children. As courts continue to adapt to changing family dynamics, it appears likely that 50/50 custody will become more commonplace.

At Resurgens Legal Counsel, we understand the nuances of family law in Georgia and can provide expert guidance and representation in navigating custody issues. If you are going through a divorce or custody dispute and need legal assistance, contact us today at (770) 765-7550 or through our website for more information.