Asked in Divorce and Family Law for Georgia

Q: My child is 2. I left my husband and filed for divorce. I have raised her alone and now he wants custody. Will he win ?

I left when she was a year old. He has never helped with her at all and because I don't want him he is angry and refused to babysit her lol but wants to take her now.

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1 Lawyer Answer
Eric J. Garber
Eric J. Garber
  • Augusta, GA
  • Licensed in Georgia

A: It all depends upon what the Court believes is in the "best interests" of the minor child. As you can imagine, there are a million different facts which can influence whether living with you or your husband is in the "best interests" of the minor child. That you have been the primary caregiver is definitely a beneficial factor for your case, but it alone is not determinative. You need to speak with a qualified and experienced family law attorney in your area that can assist you and pour through the details of your case, and thereby demonstrate (not just tell) to the Court that it would be in the best interests of the child for you to be named as primary physical custodian.

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