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FamilyAnswer, Lawyer
Category: Family Law
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Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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can i file for custody of my kids if my ex wife keeps sending

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can i file for custody of my kids if my ex wife keeps sending nude pics to all kind of guys?
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. When deciding if you should be awarded custody, the Judge is always going to act in the best interest of the child. The Judge is going to need to determine if the decision of the mother to send nude photos to all kinds of guys, effects and impairs her ability to care for the child. It is certainly not something that will be considered a good decision and it could result in possible harm to not only the mother but the child as well, if these men try to visit your ex or somehow get involved in her life, resulting in problems with the child. Moreover,in making a decision for custody, the court will further consider:
Safety and well-being of the child;
Age and gender of each child;
Parental cooperation and agreements established in proposed parenting plans;
Capacity and interest of each parent to provide for the emotional, social, moral, material and educational needs of the children;
Characteristics of each parent seeking custody, including age, character, stability, mental and physical health;
Interpersonal relationship between each child and each parent;
Preference of each child, if the child is of sufficient age and maturity;
Respective home environments and geographic proximity of parents;
Reports and recommendations of any expert witnesses or other independent investigator; and
Effect on the child(ren) of disrupting or continuing an existing custodial status;
Any other relevant matter the evidence may disclose and other reasonable available alternatives.

You certainly can petition the court for custody and bring this issue before the Judge. The burden would be on you, to show that harm and danger could come to the child and that the mother may not be exercising good decision making, which could also impact the child.

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