Equality of Parents: The Foundation of Custody Determination
Every custody question in Georgia begins with Article 1197 of the Civil Code of Georgia: parents have equal rights and duties with respect to their children, and a child has the right to live and grow up in a family. These two propositions together create the framework within which every decision on custody must be made. Neither parent holds a statutory presumption of advantage, and the child's interest in living and being raised in a family environment is the value that all participants in the process are obliged to protect.
In practical terms, this means that a dispute over custody is not a distribution of "ownership" over the child. The law places parents on an equal starting position, and before both the negotiating table and the court the same question stands: which arrangement corresponds to the best interests of the particular child. This is why a well-prepared claim or agreement is built on the logic of the child's needs rather than on the personal desires of a parent.