Another custody question

[ConcernInMA]

What is the name of your state (only U.S. law)? MA

I posted yesterday about my friend's daughter. She just separated from her husband and they have a 10 month old baby girl who is as happy as can be (and beautiful!).

She is in the process of obtaining legal counsel but she doesn't have any income because she stayed home and studied for her GED at night. Her husband went to school and also worked, so she had been the primary caretaker of the child.

In a separation/divorce with an infant child involved, what do courts typically do when decided custody? I know that a married couple share legal and physical custody, but what tends to happen when both parties are fighting for sole physical custody at the point of separation? The legal parameters are about the best interest of the child...but how is that determined by a judge?

Sorry....I don't know the laws and guidelines, so I'm curious.

thx

 

[Ohiogal]

Most likely not sole custody. Usually joint physical and legal. Which doesn't mean 50/50 time share.

 

[LdiJ]

What is the name of your state (only U.S. law)? MA

I posted yesterday about my friend's daughter. She just separated from her husband and they have a 10 month old baby girl who is as happy as can be (and beautiful!).

She is in the process of obtaining legal counsel but she doesn't have any income because she stayed home and studied for her GED at night. Her husband went to school and also worked, so she had been the primary caretaker of the child.

In a separation/divorce with an infant child involved, what do courts typically do when decided custody? I know that a married couple share legal and physical custody, but what tends to happen when both parties are fighting for sole physical custody at the point of separation? The legal parameters are about the best interest of the child...but how is that determined by a judge?

Sorry....I don't know the laws and guidelines, so I'm curious.

thx

Often, the parent who has been the primary caretaker for the child, is the parent who receives primary custody. However, again, as OG stated its very unlikely that either parent would be awarded full/sole custody. Its going to be some form of joint or shared custody.

 

[ConcernInMA]

Most likely not sole custody. Usually joint physical and legal. Which doesn't mean 50/50 time share.

Often, the parent who has been the primary caretaker for the child, is the parent who receives primary custody. However, again, as OG stated its very unlikely that either parent would be awarded full/sole custody. Its going to be some form of joint or shared custody.

Thank you.