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I am about half way through a legal separation. the

Customer Question
I am about half...

I am about half way through a legal separation. the agreement states that we have joint custody of our 2 boys. well with that being said she has moved someone in that in am not comfortable with also she is never there for the boys she is always leaving them with her mom whom lives there too. i pay child support and health insurance on her and the boys. th boys i am good with. the bot***** *****ne here is that i don't feel she is doing a very good job of raising my boys. she is in a semi dangerous relationship with a man whom has other woman threatning him and her. my oldest son which is 15 years old was caught drinking alcahol and she was no where around. My boys are 12 and 15 do they have a say in who they want to live with? I dont trust her or her judgement. she does nothing with thwm but yet she has spent a week in fla. and is at the outter banks now so I want full custody of my kids because she is not doing what is needed for them. she don't go to their schools for parent teachers she doesnt take them to the drs. I do all that i handle the teachers i handle dr visits and calls.

Lawyer's Assistant: What steps have you taken? Have you filed any papers in FL family court?

I am not in Fla. i am in md. no i have not i don't even have a lawyer. I have been trusting her and the system to be fair but yet have my boys best interest in mind. but being with her ios not the best way

Lawyer's Assistant: Have you talked to a lawyer about this yet?

Yes but more and more things keep occurring. i just want my boys. she can go away or whatever. i am doing everything now and paying child support.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No just that this is not a situation where i am jealous or want revenge. i just want my boys. she is obviously distracted

Submitted: 8 months ago.Category: Family Law
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11/15/2017
Family Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 13,470
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Family Lawyer: Legal Eagle, Lawyer replied 8 months ago

Ok, I had a chance to review your situation and thank you for your patience. I'm very sorry that you're having to deal with this. Generally, the court is going to be looking at what is in the best interests of the children. The court will use a variety of factors and may include what the children want to do . Because your children are 12 and 15, it is possible that the court may ask them where they want to live and with whom they want to live with. Accordingly, keep in mind that they do not have to consider what the children say, but they're allowed to consider it. If it's any help, here is what the courts consider:

(1) Capacity of the Parents to Communicate and to Reach Shared Decisions Affecting the Child's Welfare. (2) Willingness of Parents to Share Custody (3) Fitness of Parents (4) Relationship Established Between the Child and Each Parent (5) Preference of the Child (6) Potential Disruption of Child's Social and School Life (7) Geographic Proximity of Parental Homes (8) Demands of Parental Employment (9) Age and Number of Children (10) Sincerity of Parents' Request (11) Financial Status of the Parents (12) Impact on State or Federal Assistance.

What other questions did you have for me?

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