Can the fact that my kids don't want to live with their father help me get full custody and child support?

You need to call our office to schedule a 30 minute consultation to discuss your specific case. The courts looks at what is in the best interest of the child(ren) when determining child custody and who does or doesn't have a job is just on area that the judge takes into consideration.

The children's desires will be considered, but they don't get to make the final determination (although your oldest likely will and your 15 year old will have strong say). That said, your work status will not be held against you. You will likley need to seek employment for a number of reasons, but you are likley entitled to both child and spousal support, which should help you. The fact that he may or may not be having an affair is of no relevance, however. California is a no fault divorce state. If you are looking for an attorney, please contact me for a free consultation.

Your children's opinions can be considered by the court, or a guardian ad litem who is investigating for the court, but often are not considered because it is assumed children should never be put into the position of choosing between theirparents. Oftenchildren express things you want to hear because they know you've been hurt. If the basis of their feelings is abuse, etc., then thatis the important reason to restrict the child's access.It is assumed both parents should have a relationship with the children, because that is best for the children,unless their is a strong reason to totally restrict contact. A mere preference of the children, without more, is probably not enough. I would not put much weight in what the children are telling you and would encourage them to have a relationship with their father, give them permission to love him, if it is a healthy relationship. Given what you've stated, unless there is something dramatically wrong with you, the children will reside primarily with you. If you are being neglected financially, it is possible to getmaintenance ordered without starting the divorce (many attorneys are unaware of this in Washington), or you should start the divorce. Good luck.

Children of the age of 15, and 17, may have a great amount of say as to where they will spend their time, and with which parent. Although the ultimate decision is with the court, as long as you prepare your case with competent legal counsel, the childrens desires will be heard. This is a case that requires competent legal representation to be sure you get what is best for the children.