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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16267
Experience:  Licensed experienced Attorney
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Is a judge likely to change where my daughter lives if she

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Is a judge likely to change where my daughter lives if she visits her mother for one to two night stays each week with telephone contact several times each day. Since June 16, 2013, she has lived with me. Additionally, her mother has returned most of our daughter's things to the home. Her mother does not have her own apartment and my daughter would not have her own room to stay in with her. Her mother also does not have a car or sufficient employment to support a child. We are still married and there is no court ordered custody arrangement at present. I am seeking primary residence to remain with me. State of Delaware
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about this unfortunate situation.

How old is your daughter?

Have you filed for the divorce yet?

Would the mother consent to the daughter having primary residence with you?
Customer: replied 3 years ago.

She is 8. She initially agreed to a consent but relinquished and demanded full time primary custody with me having visitation every other weekend.


I have not filed for divorce. I wish for my wife to return.


Thank you for your follow up.

Are you waiting for your wife to file for a divorce?

Have you consulted and retained local divorce attorney yet?

Are you currently separated with your wife and reside at different residences?

Do you have a lot of marital assets with your wife?

Customer: replied 3 years ago.

1) I will not file. She would have to take that step and let that responsibility and decision lie with her. We were married in Colombia and not in the US.

2) I have had hourly consults for advice with local lawyers regarding a PFA and this custody matter.


3) She left the home in May 2013. I purchased the home before our marriage in Colombia. There are limited assetts beyond that.


4) She lives with a friend. She returned my daughter to me on Father's Day. She does not want to return to her Mother full time. Most of her childhood items have remained in my house or have been returned by her mother.


5) She says that she does not want to use lawyers.



Is your home located in Delaware?

What is your income and your wife's current annual income?

How long have you been married?
Customer: replied 3 years ago.

1) Home is located in Delaware.

2) my average is about $120,000. She only has nominal Income. She has never held a job for more than 3 to 6 months.


3) About 12 Years




Thank you for your follow up.

This is a difficult situation and basically the judge will look at every aspect of the situation and all the facts and evidence before making the decision as to with which parent the child would get to primarily reside and both parents are presumed to have an equal custodial rights and it is not uncommon for the minor child to live one week with one parent and next week with another and have this type of alternating 50/50 timesharing with each parent.

Also, the fact that the mother might not have income or steady residence will be taken into the account by the court, however there is also a very strong possibility that your wife would be entitled to spousal support and child support based on your disparity in income and that should be taken into account by your local divorce attorney when planing out a legal strategy for divorce and child custody.

While it is difficult to predict in any given case as to how the court will rule when it comes to child custody and as I said, it would depend on many different factors related to both parents and the entire situation, at the end of the child custody proceedings the court will order child custody based on what is in the best interest of the minor child and not really based on what the parents and the child want, unless the parent can come to an agreement when it comes to child custody / visitation and that can help avoid the cost and uncertainty of litigating these issues.

Unfortunately, child custody and divorce can get legally comples and very emotionally intense, so I would strongly suggest that you do consult and retain local family law attorney as soon as you can, so your legal and parental rights can be properly protected in the upcoming legal proceedings.

You can find an experienced local divorce / family law attorney by using this well trusted and reliable attorney information / referral websites:

I wish you the best of luck and please let me know if you have any related follow up questions.

Customer: replied 3 years ago.

Thank You. I just do not want my daughter jumping from place to place.


I agree with you, that it is not good for a minor child not to have a steady primary home and jump from one house to another every week.

I wish you the best of luck.

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