Child custody is based on the "best interest of the child" standard. It is a nebulous standard and the court considers a number of factors. Often, the court will appoint what's called a guardian ad litem to conduct an investigation and give their opinion as to who they think should have custody. If you are contemplating divorcing your spouse and you anticipate a custody fight, I would recommend contacting an area who can further assist you.
Diona M. Potter
Potter Sieg, LLC
DISCLAIMER
This answer is not intended to, nor does it create, an attorney-client
relationship. It is not intended to constitute legal advice. It is
provided solely for informational purposes. Do not assume that the legal
theories I mention that pertain to GA will apply in your State. The facts of
each case are different, and it is therefore critical for you to consult with a
qualified attorney with whom you can share information which can be thoroughly
assessed, so that you can get competent legal advice from which you can make an
informed decision.
Answered on Mar 16th, 2012 at 1:09 PM