Al I asked:


I have two kids, one of them is 13 years old and the other is 15 years old. Me and my wife has been having marital problems for years. She has a history of abandoning me and the kids, then coming back. The last time she left, she attacked my daughter, which Children Protective Service then got involved. They decided not to take the kids, due to she had left the home the night before they came, and my daughter feels safe since she has left. Now I found out she has commited adultery with her bestfriend boyfriend. Do I have a good chance of winning custody of my children in court? Help!!

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12 Responses to “Getting Divorce and I want custody of my two kids?”

1. drewxjacobs on August 12th, 2010 2:02 pm

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   Your children are old enough to have a say as to who they will live with. Get a good lawyer and go for it.

2. JULIE H on August 15th, 2010 7:55 pm

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   In most states your children should be old enough to chose where they want to live, thus there may not be to much of an option for either of you.

3. Wayne F on August 16th, 2010 2:16 am

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   fILE FAST BEFORE SHE DOES gO TO CRAIGSLIST DIVORCE FORUM AND ASK FOR ADVICE THEY CAN HELP

4. Astro82 on August 18th, 2010 3:49 am

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   Absolutely - the court is going to consider the fact that your wife has been the perpetrator in a CPS investigation, her history of abandonment, you have been acting as a primary parent, plus your children are old enough to state which parent they would like to live with.

   You’ll be fine, I’d be very surprised if you didn’t win

5. giggles on August 19th, 2010 5:45 am

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   yes why not?

6. princezsarah87 on August 20th, 2010 7:01 pm

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   yes u can! my husband with with cps and he said to contact ur case worker and talk to him/her and tell them that ur children are in danger because of their mom. explain to them how she mistreats ur kids and tell ur children to tell the caseworker how they feel about their mom and they should be able to help u with the court decision, since they are in the best interest of the saftey of the children. the case worker will help u out but be presistant since there always busy and take a long while to help u out! hope this helps u out a bit and take care of your kids!!

7. sparkling_apple on August 22nd, 2010 1:21 pm

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   Your kids are old enough to have a say in where they want to live. I know in Cali, your kids can testify in divorce court and are asked which parent they want to live with. Also the court will take into consideration the violence that has occured with your daughter.

   I think you have a good case, but also remember courts are about keep the parent in the childdren’s lives, so she may receive supervised visitaion. Talk to your lawyer and also have a talk with your children. Good Luck!

8. Conny L on August 24th, 2010 3:52 am

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   I was a child protective worker for 40 years. I recommend you file for custody and be able to show when and for how long she left the children, what she did to the children. Although CPS records are confidential, a judge can request the juvenile court judge allow him to look at the record, even if there has been no juvenile court involvment. The children need to be able to make clear statements about what has happened and who they want to live with. It is a myth that children of a certain age get to choose where they live. They opinion carries weight, that is all. Reconstuct the history will take some time but do your best - use on or about. Also, don’t forget to ask for child support. ConnyL

9. jenjennic on August 25th, 2010 11:59 am

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   It sounds like it to me, just the fact that she has done this in the past, it sounds like you have provided a stable home for them, and maybe the only one taking financial responsibility good luck

10. ash on August 27th, 2010 7:42 pm

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    yes i would say so for one there old enough and for 2 GOOD LUCK i really think u will get them!!

11. mzhoneybrn02 on August 30th, 2010 8:19 pm

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    i think uo do because as it look u r the one who really takein care of them

12. Zeep on September 1st, 2010 9:54 am

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    Courts don’t much give dads custody unless there is pretty serious neglect and/or physical abuse. My attorney told me he’d need broken bones. I had evidence a lot like yours and spent $20,000 to lose custody in part because my 13 year old wanted to stay with her 15 year old brother who wanted to stay with his mom.

    Ask your attorney, and you’ll need a good one and you’ll need $25K or $50K to fight a custody battle with the odds against you. The conversation with your attorney about the odds will only cost you a couple hundred bucks at most - that’s worth it.

    After that, I would sadly say it’s probably not worth it. Better to have that money for your kids and to be a safe haven from their mom than to lose the money and lose custody anyway. I know one guy who spent $100K to win custody from an abusive mom - he’s a hero, but he wouldn’t be a hero if he’d lost.