what is the likelihood of my husband getting custody of my kids if we divorce? i am the primary caretaker.help
- kpLv 71 decade agoFavorite Answer
If he’s going to fight you on custody, you need to talk to an attorney.
I assume your kids are young. Years ago, Mom always got custody when the children were young unless she was unfit. And some judges (especially older ones) do still follow that ‘tender years’ doctrine. But NOW men are SUPPOSED to be treated equally in custody cases. And in some states the ‘tender years’ doctrine has been ruled unconstitutional because it’s discrimination against men.
A court can make a custody decision based on who has been the primary care giver for the children OR the decision can be based on other factors. Why? Because basing a decision strictly on that is clearly favorable to those women that had the luxury of being stay-at-mothers and could work against those women who have chosen to/had to work outside the home.
Bottom line… more and more courts these days are awarding joint custody.
- AnniesgranLv 41 decade ago
If you are the primary caretaker and if you aren't doing drugs or drinking too much or having men over all the time, or doing anything else considered a bad example for the children, then the likelihood of your husband getting full custody is slim. Be sure to get a good lawyer.
- 1 decade ago
Don't put all your eggs in one basket. Think positive, talk positive, and get positive results! Do your research on the internet. I don't think it should matter about the primary caretaker. Think of the childrens best interest here because that is what frame of mind the judge is going to be in. You can do anything you put your mind to. I don't know what the circumstances are but your husband (soon to be ex) needs to realize that he doesn't need to remain your husband to be a father. I would stress that I would want my children to remain together. Pray and ask God for guidance. Do know he will never leave you nor foresake you. Ask and it shall be answered. When some doors shut others open. Think positive...
- lyndaLv 51 decade ago
I would say pretty slim..Most courts give custody to the mother, not that the father can't take care of them also..but mothers usually win. Also you are the primary caretaker, they will take that into account also.. What you might want to do is have joint custody. that way you both can have equal time with them.. What you need to do is work out something that is good for all of you.especailly the children. good luck
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- fancynameLv 61 decade ago
ITs very unlikely that he would get total custody unless he is the primary care giver. He will have to pay you child support. They only exception is if he can prove you are morally or physically unfit to care for the kids, but that would be hard to do if you are the primary care giver and you have always done it. find a good lawyer.
- ErikaLv 44 years ago
extremely. A boxer would not pop out of around a million happy the combat's over. "What do mean there is 11 extra?!!" triumphing? you think of you're arranged to win? Are you loopy? that's barely around a million of 1000. in case you want into this combat, they are going to the two enable you. You extra helpful be waiting to stay on your ft. Your opponent will hire human beings to pound you 2 whilst he's taking a advantageous cruise to Dubai. If she wins custody and better half/toddler help, he will locate gruesome issues approximately you and her (or lead them to up) to induce the courtroom to take the youngsters from a risky homestead situation. Heck, he will have the PI's truthfully call CPS. Are you extremely waiting for that? Your potential to guard and serve should be some variety of one-individual police, lawyer, accountant and psychiatrist. that's no try, my pal. it somewhat is on in case you return to a determination it somewhat is. sturdy luck.
- hogie0101Lv 41 decade ago
This is a hot button topic.
Honestly you should go for joint custody. It's what is best for the kids 95% of the time.
This should be about the kids not you or your husband.
- 1 decade ago
Typically, they go with the mother unless the father can prove her unfit. But you'll probably get joint custody instead of full custody. You'll have to check with you lawyer on how your state is.
- CatieLv 51 decade ago
In most states they will go with the mom. Get alimony from him too if you can. He would have to prove you unfit to get custody of them from you. Just dont say anything to persuade the kids one way or the other it could back fire on you just be the best mom you can and it will show