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.

Related Topics:
1 Lawyer Answer

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.