Can I be the primary child custodian

[edwin]

I’m currently a stay home dad looking after our 11 month old child. I sacrificed my job so that my wife could start a residency program in a different city. I’m currently undertaking (online) a software developer course and should be doing my certification exam in a month.

We’ve had disagreements here and there with my wife & now she has decided (no matter what i tell her and try to convince her) that she needs a separation from our 2yr old marriage. Despite her being abusive, returning to me her wedding ring and ignoring to talk to me completely for the past month I’m still determined to make this marriage work.

I don’t want a divorce because I don’t want my child to grow up in a broken family. If my wife was to get her wish, do I stand a chance of being the primary custodian? I have really bonded with my child and I would be so disappointed if I was to be separated from him especially after being the primary care giver for 9months now

[Lindsay_Willis]

There are many of factors that a judge will consider when making a custody determination. Certainly an important factor is who the child’s primary caregiver has been, and it sounds like that person has been you. Judge’s also consider how much time each parent has availability to exercise custody, if she is out of state in a residency program it is doubtful that she would be able to exercise much custodial time. I suggest you schedule a consultation with a family law attorney in your area to talk about your custody situation.