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

Albany, GA |

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?

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Attorney answers 3


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!

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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.


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 parents…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.