An incorrect assumption among some Georgia residents is the belief that mothers have an advantage in child custody court proceedings, whether in a divorce or in an out-of-wedlock situation. The law itself, in Georgia, however, is clear on the matter and states that this is not the case. Georgia Code Section 19-9-3 states, at the very top, that no “prima-facie” advantage is to be given to either party in a custody determination process. This means that there is no legal presumption that the mother will be a better caregiver than the father. It is possible, perhaps, that the social roles of mother and father give rise to the perception of favoritism for the mother in such proceedings. As we have previously touched on, a couple of the factors that a court will consider in a custody proceeding are the strength of already-extant bonds between the child and his or her parents and the level of parental participation in the child’s life. While in the past some courts may have found these bonds are stronger between the child and the mother, these days that is not always true and the specific facts of each case will likely determine the outcome of custody disputes. All in all, there is no legal advantage in custody determination that favors the mother. Courts are bound by statute not to assume one parent is a better caregiver than the other. As stated above, the facts of each case will be determinative of the potential outcome. Because of this, people in child custody disputes may wish to consider consulting an experienced Georgia family attorney.