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FamilyAnswer, Lawyer
Category: Family Law
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Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Hello, My husband and I are filling for a divorce very soon.

Resolved Question:

My husband and I are filling for a divorce very soon. We have a 4 years old son. I am the primer care since he was born. I am responsible with him day and night with everything. My husband and I work from home. He loves our son but he can only spend time with him 10 minutes there 10 minutes here. I want to have the custody of our child but I am afraid that my husband will ask for 50/50. Although, he has no time to take care of him. Our son at the school 5 days a week. I think 50/50 custody will affect our child badly and I don’t think that my husband can handle that big responsibility. He will probably ask his retired mother to come and help him out. I do not want her mother to raise my child. What are my chances? Are they going to take my baby away from me?
Submitted: 5 years ago.
Category: Family Law
Expert:  FamilyAnswer replied 5 years ago.
The court is going to act in the best interest of the child. Both you and the father are going to demonstrate that you both can care for the child when he is with you and can provide a safe and caring environment. The father has a right just as much as you do. If things could be worked out, maybe your son could live with you during the week and stay with him on the weekends. Issues with school and his care will certainly be an issue. Based on the facts you stated, it does not appear as though they will take away your son but if you are getting divorced, they may allow him to have time with your son as well.
Customer: replied 5 years ago.

I am totally OK with him spending time with our son. Couple days a week is fine by me but I thing he is going to suggest 2 weeks living with him and 2 weeks living with me. I totally disagree with this. Does he have a chance to do this?

Could his mother be involved in this situation if he is going to tell the judge that his mother will live with him after the divorce and will help him with our son?

Expert:  FamilyAnswer replied 5 years ago.
The decision is going to be up to the Judge. The Judge may feel that 2 weeks with you and 2 weeks with him is not healthy for the child. There is no way of knowing what other persuasive arguments are going to be made. It would not make sense for the child to be away from one parent for 2 weeks and then the other for 2 weeks, so on and so forth. It is more likely that the child with be with you a few days a week and then with him. As far as his mother being involved, the Judge is going to want to know who is going to care for the child when you or him could not.
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