QUESTION
Will I get child custody if I get a divorce? How?
Asked on Sep 08th, 2015 on Child Custody - Nebraska
More details to this question:
My wife and I are at odds with each other. Our marriage has been very difficult. We now find ourselves battling over custody of our two-year-old daughter. She was put on 5 year probation in 2013. Stealing pain medication. Last December she was arrested on felony charge of receiving stolen property, she is waiting her court date. In Feb. she was arrested again for stealing, currently she is awaiting judgment on that charge as well. Do I stand a chance to get my daughter if I file for divorce?
6 ANSWERS
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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That would be a yes.
Answered on Sep 09th, 2015 at 11:01 PM
Alimony Attorney serving Rockville, MD
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Law Offices of Aimee C. Robbins
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Absolutely yes.
Answered on Sep 09th, 2015 at 11:01 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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You have a chance but most Judges are reluctant to remove a "child of tender years" , usually below 5, from the Mother. Review Florida statute chapter 61, special rules apply if Mom is convicted of a second degree, or higher felony.
Answered on Sep 09th, 2015 at 2:36 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Yes. But the question for the court is always what is in the best interest of the child? You would help yourself by retaining an experienced family law attorney. It's generally worth the cost. Good Luck.
Answered on Sep 08th, 2015 at 5:33 PM
Timesharing is a negotiable item as part of a divorce proceeding. Her criminal history and present difficulties may be part of the discussion, however, keep in mind that she is the MOTHER and does have a right to her child, even if it every other weekend or supervised visitation, etc. Consider MEDIATION.
Answered on Sep 08th, 2015 at 5:11 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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Based on the information you provide, I would say you stand a very good chance of getting custody.
Answered on Sep 08th, 2015 at 1:24 PM