I strongly suggest that you and your husband come to mediate this matter of child custody and child support, as well as all the other matters that are involved in separating. Mediation will provide both of you the opportunity to do what is best for the child. It is less expensive, and less emotionally traumatic, and you will not have to make court appearances or be subject to the decision of some uninterested judge.
In any case, you should not go to court without experienced, legal, matrimonial counsel. You must consult with an experienced matrimonial attorney to discuss your particular case and to advise you on how to proceed. The fact that you work during the day and that your mother takes care of the child is, in itself , not determinative regarding child custody. You did not mention it , but I assume your husband is also working and cannot devote his daytime hours to the care of the child himself either.
If you are living in the New York City metropolitan area, I strongly suggest you call me at 212-370-1660 to arrange for a meeting to discuss the matter at greater length.
Leonard M. Weiner, Esq./Divorce Solutions