Question Details: We've been married for 6 years and have a 3 year old son. My husband has told me that he would try his best to get custody if we get divorced. How true that is if he could take my son from me.
It is determined in the child's best interest. The court's look at:
1) Which parent has been more involved in child care until now? They will tend to favor that parent, to keep the care experience consistent.
2) Which parent is more accessible to the child--if one works full time and one works part time or more flexibly, they will tend to favor the one with more time.
3) Is either parent planning or intending to move? The one who will not move is usually favored, to not uproot the child.
4) Does either parent have serious health, mental health, or substance abuse issues? The one without is usually favored.
5) Does either parent have a criminal record? If so, the one without will usually be favored.
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