Custody of a child?

Question

If a married couple that have a child are separated, do they have to divorce first for custody to be granted? Also, if the mother doesn't have a job but goes to college and lives with her parents and plans on seeking employment (only part-time so that she can still attend college) and the father has a full time job, not making very much, but still a job and lives with family also will the father be granted custody just because the mother has no income? If the two parents don't have to be divorced first, and can proceed with the custody hearing, about how much will it cost to get custody of the child (or try to) in Georgia?

Ok so if the parents have to be divorced first what are the rules until then? Can the father just come take the kids any time? Can either one of them be refused to see their own child just because they don't get along and don't agree on when/where the child should go with the other parent? Also, if the father doesn't make any attempt to see the child or speak to it, should this be documented to use in court or would it be useless?

In Georgia they passed a law last year to where there is no more "legal separation."

I do want the father in her life and he will be, regardless, but he is too irresponsible to care for her on a full time basis, he still wants to go out and party and hang out with his friends, he wants to see his daughter ONLY when it is convenient for him (i.e. when he's not out with friends or whatever.) He is a good father though, when he actually does spend time with her, which is not often at all. I would not sleep knowing she was in his care all the time bc he don't know how to care for her, i've always done everything for her, not him.

Answer 1

It all depends on the local laws and how nasty you want this divorce to be. Do you want to have the father in the child's life? That is the question you need to ask yourself. Courts usually side with the mother especially if you don't have a job in my experience. The court wants to place the child in the best environment possible. I recommend having a positive male role model in the child's life. If you do some research you will see alot of children that have only a mother in their life are at a disadvantage in the long run. I don't know what it is but children need a father figure. If the guy is a dead beat then loose him and find somebody for that baby to look up to. Taking a child from a parent is a very selfish thing to do for anybody. My advice... get a lawyer and do it first. Then show the court that you can provide the best situation for the child. You can get physical custody during seperation at a special court order. Good luck. You have a very expensive and painful process ahead of you. Even if you said you would be friends, I wouldn't bet on it. Take care.

Answer 2

When you separate, do it legally and custody will be determined then.

Custody is decided (or at least should be) based on the best interests of the child. If one of the parents is a loser, drug addict, they can kiss their visitation rights goodbye. Sounds like the mother in this case has a support system that would be a nurturing environment for the child. Doesn't mean the father can't have visitation rights; that's a separate issue from custody. Money is not an issue because the parent who is earning income at the time of the separation/divorce will have to pay support. Later on if the mother becomes a big lawyer making more money than the father, he can ask to have a judge review the support being paid.

Your lawyer is going to want a retainer up front. for some it is $200 but it can be more if the case looks like it is not going to go easily. Simply ask. Lawyers have been known to actually take payments so don't let the price of divorce keep you from doing what is best for yourself and the child.

Good luck.

Answer 3

First of all custody is NOT granted on who has more of an income...custody is granted on what is best for the child not only financially but emotionally and physically as well. The type of housing the parents live in doesn't matter, I've known custodial parents who have an apartment with hardly any furniture other than a bed for the child, as long as the child has a place of their own to sleep the court doesn't care if you live on your own or with your parents. In order to be granted custody you must at least file for a LEGAL separation. and then follow through later on with divorce. As for how much it costs, that depends upon your lawyer, his lawyer and the court costs...

Answer 4

First of all, will there be a divorce to be petition and filed? Can the parents compromise how to raise their child without fighting or hurting each other in front of their child? It all depends how your separation leads to divorce or getting back together again. Again, depending what the state law rules on custody of child or this can be settled outside of court which is cheaper than going to court and getting a high price lawyer. Custody battles are costly to parents that trying to get all the money for compensation of living cost. I was getting my petition of divorce and custody battle at the same time in the state of Texas. Divorce price and proceedings are not that costly but custody are long fought unless the parents can act mature and draw up a compromise plan aided by their lawyers. Make sure all lawyer's fees are all paid out before before heading back to court or the judge will not give judgment in your trial and will reset your trial which cost more.The more the parents fight for the child the more it cost until they go broke. Most lawyers don't care about their clients and their problems. Don't let them fool you that they do. The state rather issued co-parenting to the parents to be done. Be mindful to your situation and research your problem for more answers. May God blessed you.

Answer 5

Not sure about Georgia, but you can call your local family court and they can tell you the cost. In TN, we can file for temporary custody before a divorce. All you have to do is petition the court. Most courts will only take the child from the mother if she is proven unfit. Living w/parents, going to school, and working should not hurt you, but make sure the judge knows that your child is #1 priority. Also in our state if the child is at least 12 then the judge will ask who he/she wants to live with. Try to not let things get emotional with the child, and make sure they understand that they are loved and wanted by both parents.

Answer 6

i live in ga or rather i did until last week.. that is known as the mothers state.. any way.. the best thing to do about that is take the child with you to the laywer when you draw up the paper they will order a temp custody until the divorce in final.. who ever draws up the paper work first will get temp custody.. i have seen that happen so many times.. to both males and females.. and most lawyers will take payments.. tues call around

Answer 7

there's no such factor as a militia divorce. All divorces are civil concerns. in spite of this, the quantity of infant help is consistent with earnings. If there's a courtroom order in place that states how lots infant help he could pay, then that's what he needs to pay. the only way he ought to petition the courts to diminish the quantity is that if his situations replaced and he by surprise started making critically much less money. As for sending extra money each and every time his ex asks for it, he isn't obligated to do this and he's in fact a fool to accomplish that.

Answer 8

if ur getting a divorce..
there will be a preliminary hearing set up just for the child to determine custody..fairly quick
then child support will be asset..
the divorce will come later...

Answer 9

1stly Lawyer up.

2ndly find out all your legal rights from your lawyer.

3rdly Lawyer up.

Am I getting through yet?

remember his mummy is telling him it's ok baby you get custody and I'll raise your baby (because I didnt do it right with you obviously and I need to make up for it now) and he has a free ride to still be her lil man.

CUT THE APRON STRING MALE'S.

Answer 10

U have to be divorced to hav a custody hearing. Then the judge will decide who has custody