In most cases, mothers receive sole physical custody of children following divorce. In general, this does not reflect gender bias, but rather the agreement of the parties and the fact that, in most families, mothers are the primary caretakers for children. Perceptions of judicial gender bias discourage fathers from seeking custody. When fathers contest custody, mothers may be held to a different and higher standard than fathers. Some judges give insufficient weight in custody decisions to men's violence toward women and its harmful impact on the children.
Joint custody is now an option under Georgia law.
The gender impact of this change remains to be studied after there has been substantial experience with the new law. However, some judges still use a maternal preference or a preference for sole custody, refusing to consider joint custody as an option. Some men file proceedings to contest custody, not because they want custody, but as a strategic maneuver. Resolving custody disputes through the adversarial process is cumbersome, expensive, and damaging to the psychological well-being of the parties and the children. Custody decisions are subject to modification.