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Question
Posted by: Worried | 2013/02/19

Who will get the child?

Hi,
I need your advice please!!!! If me and my husband decide to divorce, who will get our child (one year old). I cannot stand the idea of him getting her because he never attempts to feed her over weekend or in the evening. His salary is less than half of mine. Will the court grant him full custody?

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Our users say:
Posted by: Anon | 2013/02/19

Hi,

If you have a 1 year old, you will definitely get residency, and his rights to residency may be phased in over a period of time.

This will apply provided that you are a " fit"  mother, i.e. no history of drugs or alcohol abuse etc.

Typically start with 50:50 residency, and there will be things that favour you and there may be things that favour him. On the balance of probabilities what will be in the best interests of the child.

An enquiry has to be held at the offices of the family advocate before a court will decide.

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