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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27687
Experience:  25 years experience as practicing attorney
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My friend is father of four childrens. His wife cheated on

Resolved Question:

My friend is father of four children's. His wife cheated on him, found a boyfriend and wants a divorce. We need suggestion on how to become a legal custody for children's.

They were a christian family. About a year ago she started cheating, my friend forgave her but cheating continued. That happened couple times more, until one day she left children's at home and went for three days to casino in different city. My friend had to take off from his job to stay with children's. After that, he asked her to try starting "new life" one more time, but this did not worked and she wants a divorce.

When she left to casino for three days, the babysitter opened a claim to child protective services. It is under investigation right now.
Also he has a video where it can be clearly seen that she gives alcohol to children.
Church is ready to support him in the court to be legal and physical custodian but what else can he does so he will be legal and physical custody?

Which steps need to be taken so he will be the physical custodian?

What are the chances for him to be physical custodian?
Submitted: 1 year ago.
Category: Family Law
Expert:  Dave Kennett replied 1 year ago.
DearCustomer- Once there is a divorce action filed your friend can ask for custody of his children as part of the divorce case. The court bases its determination on the "best interests" of the children so based on your facts it would appear that your friend has a very good chance of getting custody as it seems the mother is irresponsible. I cannot guarantee the outcome of any court case but if your friend can present the evidence that you have outlined to me in your question then the court would very likely grant custody to him. Whether she was cheating is not necessarily a factor in the determination of custody but leaving the children and going to a casino or giving the children alcohol certainly would be a basis for granting custody to the father. If the church is willing to assist the best thing they can do is help him find a family law attorney to represent him in the case. Obviously, any testimony to the facts from a third party would also be of help. Until there is a divorce action filed in the court the court has no jurisdiction to award custody to anyone so the sooner the divorce is filed the sooner your friend can seek custody from the court.
Customer: replied 1 year ago.
So my friend can get custody without divorce?
Expert:  Dave Kennett replied 1 year ago.
He needs to have a divorce case filed and then ask for temporary custody from the court while the divorce is pending. He cannot get court order custody unless a divorce case is filed since the court will not get involved in the private affairs of someone's marriage until or unless a divorce action is filed in the court. Unless there is a divorce case opened he cannot get custody through the court.
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27687
Experience: 25 years experience as practicing attorney
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