Question:  My wife and I live in Johns Creek.  She works in Atlanta and I'm a stay at home dad.  Since she makes good money at her job I thought that I could raise the kids and try to start a home based business.  I thought that I could start a local newspaper for Johns Creek and get ads from local businesses like restaurants, dentists, doctors, lawyers and massage places like chiropractors.

The business didn't work and I think I have to file for bankruptcy because I put a lot of money on our credit cards and we took out personal loans.  My wife wants to get a divorce because she thinks I'm lazy and that I had an affair with her friend.

If we get divorced how will the bankruptcy affect her and can I get custody of our two kids?

Answer:  If the credit cards and loans are in her name, then she would become liable for any debt that is discharged in a bankruptcy filing.  In other words, if you file bankruptcy, your obligation to repay the debt is wiped out (discharged), but if she was a co-signor for the loans or credit, then the finance companies would try to hold her liable for payment of the debt.  The debt would then become her obligation.

As for the child custody issue, the court makes a determination based upon the “best interests of the child.”  The court will look to a number of factors to determine what is best for the child.  The fact that you may have filed for bankruptcy or are having financial difficulties should not be a meaningful factor in the custody outcome.

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We at the Sherman Law Group try to provide answers to as many questions as possible on our blog.  If you have a question, please email it to us and we'll do our best to answer it (we do get a lot of inquiries).  No names will be used.  If you want to speak to an experienced and skilled divorce and family lawyer at the Sherman Law Group, please call us at 678-215-4106.  We look forward to speaking with you!