There are many questions that need to be answered here before an adequate answer can be formulated, and one that you can actually rely on before you act on this. Some areas of Georgia are far more conservative about custody than others, the age and sex of the child matters, as well, and how a child is to be cared for by either parent, for example. Is anyone to blame for the marriage breaking up? What conduct can be proven against either of you? Has anything happened to the child or in the presence of the child? Are you working? Do you plan to move far away or just a mile or two? You take the chance of causing a Judge to rule that you chose to take the child away, and if you had no really good reason to show for this -- that your husband cannot take care of the child due to job, anger issues, violence, etc. -- then the Judge may very well give custody to your husband. Some Judges will grant joint physical custody of a child who is not yet in school, if the parties are equally capable and are living close enough together to make that work.
As I stated, there are so very many variables here. One major suggestion, however, is that you find a good Family Law Attorney in the area of Georgia where you must file, if you file against him. If you file against him, it is where he lives. If you move out of the County where he and you live, he can still file against you in Georgia, but must go where you live to file. If you move out of state, he can still file here where you both lived for 6 months after you move. It is important to retain a Family Law Specialist, and preferably one who practices in the County where you file -- it helps for you to have a lawyer who knows the "lay of the land" where the case is being heard.
Hope this helps.
Danielle D. Hynes,
Family Law Center, LLC
Warner Robins, Georgia
www.hynesfamilylaw.com
Answered on Jun 12th, 2014 at 3:49 PM