Legal Question in Family Law in Georgia

Re: What if the custodial parent is arrested?

The conduct of both parties post-divorce is relevant. You should consult with a local attorney because all of the facts need to be investigated. It is impossible to give you a reliable answer in this type of forum. Offhand, if your ex is shown to be an unfit parent and you have no warts, a judge may well grant you custody.

Re: What if the custodial parent is arrested?

Your ex's conduct is only half the equation. Your parenting skills and past history also are relevant. Have you ever been arrested? Do you use drugs? How often do you take your child to the doctor when he is sick? Do you use all your visitations? Do you pay all your child support? How old is the child? Who does the child want to live with? All those questions and more are very relevant. And obviously, if your wife is found not guilty, then the incident is NOT going to be much of a factor. There is no way to answer your question without all the listed information and more. (Emergency custody orders are VERY rare in change of custody situations; such cases usually are fairly protracted when contested).