QUESTION
Can I get a divorce and full custody of my kids if the father is irresponsible?
Asked on May 31st, 2013 on Family Law - Idaho
More details to this question:
I am married with 2 kids ages 5 and 3. I want to get a divorce and get full custody of my kids. Their father has been in and out of their lives since they were born. Their father has threatened to find a way to put me in jail and that way he can get custody of my kids. There are days where he agrees to give full custody then he changes his mind. I don't understand his attitude but I do worry that I might do what he says and my kids end up being with him. My oldest has a speech disorder and requires therapy weekly. I worry he might not take him at all because he is so irresponsible. I have not asked for child support I just want a divorce and full custody of my kids.
5 ANSWERS
I have no idea what you think you will do that allows for him to obtain custody of the kids, but if you have been the primary care giver, that is what the court is concerned with - stability for the kids as much as possible.
Answered on Jun 04th, 2013 at 1:36 AM
Litigation Attorney serving Charleston, SC
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The Falk Law Firm, LLC
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In order to get a divorce in South Carolina there must be legal grounds, which include, physical abuse, habitual drunkenness, adultery, and one years separation. Based upon your post, it sounds as though you and your husband are not living together. Therefore, if you have been living separate and apart for one full year you can get a divorce based upon those grounds. Additionally it is possible to get full custody of your children. As a general rule, SC courts prefer a custody situation where one parent has full custody and the other parent has visitation, typically alternating weekends, split holidays, extended time in the summer. The courts will make a determination based upon what the Judge thinks is in the best interests of the children, regarding visitation and custody. Often times family court judges will appoint guardians at litem, who will interview the parties, the children, and provide a report to the court.
Answered on Jun 04th, 2013 at 1:35 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You need an attorney, a divorce , custody orders temporary and permanent as well as a support order which your children are entitled to.
Answered on Jun 04th, 2013 at 1:34 AM
Family Law Attorney serving Las Vegas, NV
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Law Offices of Webster & Associates
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Consult with an attorney regarding the facts of your particular case. The court looks at all the circumstances of both of you including your work hours, past involvement, any drug or alcohol issues and so on. This response is intended to provide general information only and is not a substitute for speaking to an attorney. This response does not create an attorney client relationship between the Anita Webster, Esq. or Webster & Associates and the readers.
Answered on Jun 04th, 2013 at 1:34 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You won't know until you try. Generally, the court's are required to maintain the parental relationship with both parents, so it is unlikely that you will get full custody. However, if you have a good story, the judge may restrict dad's visitation.
Answered on Jun 04th, 2013 at 1:34 AM