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What is a father's chances of getting 50/50 custody of his 1 year old son?
Anonymous2 views3 answers
His wife of less than one year cheated on him, and has made it clear she doesn't want to get back together. They initially agreed for her to have him four days a week, and him 3 days. The 3 days and 4 nights are his days off from work. There will be times where he probably will have to work more than four when they change their quarterly schedule. So it would need to be slightly flexible. She wants him to just get him every other weekend and split holidays.
It is hard to give you an answer to your question without knowing more facts. Custody in Georgia is decided based on the best interest of the child. There are many factors that the judge will consider to determine what is in the child's best interests. It will be important as to what the schedule has been for the child leading up to the judge's decision. If you have been doing a schedule that is close to a fifty/fifty schedule and the child is thriving, this would be important to the Judge. You should consult with an attorney about your situation to find out more specific advice.
Alake Oni ColwellDivorce / Separation LawyerLawrenceville, GA ·
No one can tell you what the chances are of a parent getting a particular kind of custody, especially split. Oftentimes judges do not award that kind of custody because they don't feel that a child should be shuffled from house to house in the middle of the week. But it also depends on the age of the child. A one year old has a certain attachment to the mother which some judges will take into consideration, especially if the child is still nursing. All he can do is ask the court for the custody he wants and present the facts that show that it is in the best interest of the child to have that custody. Then it will be up to the judge. But no attorney can tell you what custody is likely to be awarded because it depends on the parents, home environment, age of the child, attachment to each parent, what the child is use to already and other factors, it also depends on the judge. The best thing for him to do would be to hire an attorney and don't seek any form of custody on his own.
I agree with my colleagues. Where custody is contested, the Court will make a determination based on the best interest of the child. It will weigh many factors to reach that determination. None of us on here can quantify your chance of the custody split you want, especially based on the scant information you have provided. The best way to increase your chances is to hire a competent family law attorney in your area. Use the find a lawyer function on .