Higher chance in winning Custody?

[xiaoling]

Hi,

i am considering to go for separations with my husband. But we have a baby girl which is 1 yr old. And she has been taken care by my mother-in-law since birth as both of us need to work. (my mother-in-law is divorce and not working), So does it mean that if we really go on separations, my husband will have the highest chance to win the custody of our baby because his mum can take care and i still need to work?

But, the fact is that, without his mum, he actually cant really take care of the baby for long time (long time means like 1 whole day), because he has no patience! And he is angry that I initiate the separations, and now even though we haven't separate, he already said i cant bring my baby back home to my mum's place. And am really upset with his attitude and reactions.

Any advise please?

 

[irish223]

At this time, you both have equal rights to the child, so you are both entitled to make decisions about her. However, if you intend to move out of your state with your daughter, he can file for temporary custody and force you to return her.

The fact that your mother-in-law babysits for your daughter does not guarantee that he will get primary custody if you separate or divorce, but it may improve his chances.

Judges generally want to know which parent has been the primary caretaker, so that should improve your chances.

Also, custody decisions are dependent on your state's guidelines. In some states, shared or joint parenting is preferred; others still award custody traditionally (one parent has custody, the other gets visitation).

You should consult a family law attorney in your area before you separate.