Q: How can I get full custody of my child during a divorce in GA?

A: You will need to file for divorce, have your spouse served, and in your petition you should state what relief you are seeking regarding custody, visitation, child support, and marital property. You will then have to present your case at trial and let the court know what you are asking them to award you as well. I would advise you to gather the funds to hire an attorney.

A: In Georgia, courts determine child custody based on the best interests of the child. Georgia recognizes two types of custody: physical custody (where the child lives) and legal custody (decision-making authority for the child's education, healthcare, and other major decisions). Your role as the primary caregiver is an important factor the court will consider.

Georgia no longer follows the "tender years doctrine" that automatically favored mothers. Today, courts understand that both parents can play crucial roles in their children's lives. However, your status as the primary caregiver who provides full-time care for your child strengthens your position. To petition for custody, you'll need to file in your county's Superior Court as part of your divorce proceedings.

Military service members have specific protections under law, but these primarily protect the military parent from being penalized due to deployments. In your case, you should document your husband's limited involvement with your child during his off-duty time, as this pattern of behavior will be relevant to the court. Georgia courts require parents to submit a detailed parenting plan outlining how custody and visitation will work, so begin preparing evidence of your role as the primary caregiver and document instances showing your husband's limited involvement with your child.