Legal Question in Family Law in Georgia

I am 29 years old and I have two daughters one 8 and one 3. The oldest is my wifes from a previous marriage. I have been in the military for 11 years and have never gotten into trouble. I currently in IRAQ and my wife decided that she wanted a separation and now wants a divorce. Her explaination is that she cannot handle the military life anymore. Now she has not had a job in 5 or 6 years and she just got her GED. I am almost done with my batchelors and moving onto my masters. My wife isn't good with finances in that she is constantly overdrawn in her account and without my financial assistance she would not be able to make ends meet. I have paid for everything during this relationship including cosmetic surgery for her. If the divorce goes through I know that I don't have any legal rights to my oldest since I did not adopt her.

Now that you have my background here is my question.

What are the chances that if the divorce goes through that I can get joint custody of both children with primary/custodial for our oldest to my wife and primary/custodial custody of our youngest to me?

My wife thinks that she is going to take both girls and I will just visit when I can. I know that the key arguement that she will give is she doesn't want the girls separated but financially and emotionally I think that this would be best for us and the girls.


Asked on 10/07/10, 1:00 am

1 Answer from Attorneys
Phillip M. Cook Cook Legal Services, LLC

First of all, thank you for your service and defending my freedom.

I'm sorry you are having marital problems. To answer your question, in Georgia, the Court will award custody based on what is in the "best interest of the children." In deciding what custody/visitation arrangement is in the best interest of the children, the Court will look at a laundry list of factors -- which parent has been the primary guardian? will the children be separated? do the parents have jobs? do the parents have education? is there any drug/alcohol abuse? etc., etc. Basically, anything that could affect the children' best interest, the Court will consider -- there is no set list, every situation is different.

Also, the fact that your youngest is not your biological child is not the determinative factor. If the Court feels as though it's in the best interest of the youngest child to be in your custody, that's what will happen. Don't give up on your youngest child. Think about it this way -- even though you are not a biological parent of the youngest child, you can still be forced to pay child support for that child. If you have to suffer through the negatives of parenting, you also get the benefits!

The smartest thing you can do in an effort to obtain custody of your children is to hire a Georgia family law attorney to represent your interests. There are many forms, hearings, etc., that you will need assistance with, so give yourself the best shot at a successful outcome. A family law attorney will also ensure that you do not get taken for a ride in terms of alimony, marital property division, etc., as part of your divorce.

Best of luck.*******The above is for informational purposes only and does not create an attorney-client privilege.*******

Read more
Answered on 10/12/10, 5:36 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Georgia