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Lawgirl, Lawyer
Category: Legal
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I am in the middle of a divorce. He wants to share the ...

Customer Question

I am in the middle of a divorce. He wants to share the custody of our 2 children. If I only want him to have the traditional visitation of every other weekend and after school 1 day during the week, what are his chances of winning the kids half the week? They are 3 and 6 and they live with me now.
Submitted: 9 years ago.
Category: Legal
Expert:  Lawgirl replied 9 years ago.


Thank you for your question.

There is a presumption under the law that a child's best interests are met through a relationship with both parents. As such, courts generally find a way to allow each parent to have as much time with the child as will not be too disruptive to the child's life. The judge will need to consider all of the evidence in making the decision about custody and/or visitation. The decision will be based on facts like where each parent resides in proximity to the other; the needs of the children; how easily the children can travel between the parents; what type of school program and/or daycare programs the children are in, etc.

If the children are living with you and that is going well, a judge may decide not to tamper with that merely give visitation to the father as to give the children some sense of stability.

It is impossible to predict the outcome. Even knowing every nuance of your case, it would be difficult to predict the outcome.

Please let me know if you have any other questions, or require clarification of this matter. Otherwise please hit "ACCEPT", so I may receive credit for my response. Tips and feedback are also appreciated.

Good Luck!