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Do I have the right to full custody of my child?

Albany, GA |
Filed under: No-fault divorce

Me and him have been married for 4 years and have one child. I've moved out for separation but it's ending up as divorce. He works for the government doing contract work. Makes twice as much as I do. I have had the same job for 6 years but I make less money than he does. Will me making less money determine if I get custody of my kid?

Attorney Answers 3


  1. Your incomes likely don't matter. Things that do matter: (1) Who gets a lawyer (the person without one is likely to do very badly), (2) who is a good or better parent, and (3) who does most of the parenting now.

    Start with number one. Get a lawyer ASAP. Good luck!

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.


  2. Custody determination is not based upon the income of the parents. While this is considered, it is only one of a number of factors. It is also not one of the more important factors since the non-custodial parent will be required to pay child support.

    If you anticipate a custody battle, you absolutely need to hire an attorney to represent you.

    I hope this information helps answer your question(s).

    ~ Kem Eyo

    The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.


  3. I'm sorry things have not worked out for you. As the other attorneys mentioned your income will not determine custody. Also you mention "full custody". There are two forms of custody: legal and physical. Legal custody is simply the rights we enjoy as parentsā€¦the right to decide where our children go to school, church, etc, etc. Physical custody means where the children live. There are several factors that a judge can consider in awarding legal and physical custody. Presuming this is a "no fault" divorce with no bad behavior by either parent then typically legal custody would be joint. If possible these are the sort of issues you and your husband should attempt to work out before you file for divorce. Please talk with an attorney in your area.

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