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SoloLawyer, Attorney
Category: Legal
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Experience:  Licensed Missisippi Attorney; Criminal Law, Family Law, Personal Injury, and Civil Defense
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I have a beautiful 11 month old & am going through a divorce.

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I have a beautiful 11 month old & am going through a divorce. I have been a stay at home Mom my son's entire life while my husband worked full time. My husband wants 50% custody of the child, but being that he is a baby & used to being with me all the time I feel it work hurt my son. Who is usually awarded custody? I live in California if that matters. Also, how do I prove my husband is an alcoholic (the main reason our marriage disolved) & would this affect custody issues?
Thanks for contacting JustAnswer.

I will try to answer each of your questions separately.

"Who is usually awarded custody?"

Unfortunately, there is no definite answer to this. If the parents agree, the court will award joint custody. The Judge's main concern will be that the child gets continuing care from both parents. If the parents don't agree, the court will look at the "best interests" of the child to determine custody. Some of the factors are:

1. The child's health, safety, and welfare
2. Any history of abuse
3. Parents' backgrounds including violent crimes and alcohol abuse
4. Stability of the home environment
5. Separation of siblings
6. The child's wishes

And any other information releveant to determing the child's "best interests".

"How do I prove my husband is an alcoholic & would this affect custody"

The fact that your husband is an alcoholic would certainly affect custody. As I mentioend in # XXXXX the court will look at each of the parents' background including their history of alcohol abuse. The alcohol use must be "habitual or continual", and it is proven by "independent corroboration" - inclding written reports from law enforcement agencies, courts, probation departments, social welfare agencies, medical rehabilitation facilities, or other organizations providing drug and alcohol abuse services.

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