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Ask AttorneyKaren Your Own Question
AttorneyKaren, Family Law Attorney
Category: Family Law
Satisfied Customers: 371
Experience:  Over 14 years as a Family Law Attorney; Temporary Judge Award (2008)
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I am quickly headed towards a divorce. I have a 4 year old

Customer Question

I am quickly headed towards a divorce. I have a 4 year old daughter that I love to death and want the best for. My wife sleeps unitl noon, doesn't help my daughter with any learning, keeps her up late at night, just in general does not promote success. I cannot understate this; she has 2 grown sons from a prior marriage she had custody of and neither one finished high school. She would not get them up to go to school, help with school work, provide a strucutured enviroment, ect. The oldest (27) says he would want to testify in a custody hearing that she should not get custody of his 1/2 sister (my daughter), he knows what the outcome will be - another high school dropout. How dmaing would this kind of testimony be in a custody battle.
Submitted: 8 years ago.
Category: Family Law
Expert:  AttorneyKaren replied 8 years ago.
This testimony would be quite damaging considering it exactly supports all of your contentions. I believe you have strong case to request for full custody of your daughter based on the facts you had described.
Best of Luck,
Customer: replied 8 years ago.



Thank-you for the response; just to piggy back on this question a little more. Would the fact alone that she had custody of both her sons from prior marriage and neither graduated from high school be strongly considered? No one in her immediate family in two generations has graduated from high school. Wouldn't the court recognize there is something really broken in this family strucure? She is not a druggie/alcoholic, not physically abusive, but litteraly her family has written the book on how to fail at life. Wouldn't this be considered of utmost importance in the "best interst of the child"?


Thank-you again.

Expert:  AttorneyKaren replied 8 years ago.
The court may order a child custody evaluation in order to investigae all of these historical points re. the mother and raising children who have not only failed, but have also not finished high school. You can go back to the request for this full child custody evaluation in order to have orders in place that will reflrect the best interests of the child standard.
Hope this information helps.
Yours truly,