Friday, May 9, 2014

Can my ex husband get full custody?My ex husband is taking me back to court for full custody because I have not let him visit with our minor...

In determining custody of children, a court's primary and
paramount concern is the best interests of the child. Factors to be considered in
determining the child's best interest include such things as misconduct by either
parent, the type home the parent is able to perform, and to some extent the age of the
child. At one point, a child of tender years was deemed better off with the mother; but
even this has changed to a 'best interest: approach.


Your
former husband certainly does not sound like "father of the year" material; all things
being equal it is highly unlikely that he would receive full custody. This assumes, of
course, that there is not misconduct on your part which renders the children's welfare
better with him. I suspect that the court would order a home inspection by an appointed
guardian and would be guided by the guardian's
recommendations.


A final note. You have provided a pretty
lurid picture of your ex. If/when you speak to your attorney, be sure to tell him about
any problems in your own life. No one is perfect, and your attorney cannot represent you
competently if he is not fully aware of the facts.

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