Atlanta, GA asked in Child Custody for Georgia

Q: Can my husband get custody of our child if he beat on me in front of my kids and went to jail?

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1 Lawyer Answer
Beverly L. Cohen
Beverly L. Cohen
  • Divorce Lawyer
  • Roswell, GA
  • Licensed in Georgia

A: With regard to which parent is awarded custody, a judge has a lot of discretion. In awarding custody, a judge must consider what is in the best interest of the minor children. Although there is no law in Georgia that prevents a judge from awarding custody to a parent who has committed acts of domestic violence against the other parent in the presence of the children, a judge would be hard pressed to consider awarding custody to an abuser. At the same time, acts of domestic violence is only one of many factors for a judge to consider when awarding custody.

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