Legal Question in Family Law in Georgia
How Can I Keep My Child?
At the temporary custody hearing, my husband and I received joint legal custody of our daughter, and he received primary physical custody (although we have week-on, week-off visitation). Our final custody hearing is tomorrow and I'm afraid that I will lose her. I am a full-time student with little family support and little income. Although I have limited resources, I have always made sure my daughter is healthy and happy. While my ex-husband lives with his parents and is not in school, I have serious doubts as to his and his family's ability to care for an active toddler. While there are no incidents that clearly prove neglect, I have often received my daughter in need of medical care for anything from a dislocated elbow to severe diarrhea that had persisted for nearly the entire week that she was under his care. Will their nonchalance about her medical condition even matter? Or will the judge simply look at my low income as a sign of my inability to maintain custody?
1 Answer from Attorneys
Re: How Can I Keep My Child?
I would assume that you are represented by counsel at this stage of the proceedings and if so, please look to your lawyer for the best source of guidance and advice.
The standard which the courts use to determine custody is "the best interest of the child." The court will consider all factors that concern the best interest of your child. If you have concerns, you need to present them all tommorrow.
A temproaryt hearing is a good guide as to how a judge will go at the final hearing, but if there is evidence that did not get presented at the temporary or if there is new evidence since the temporary, you need to present it.
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