My wife and I separated but have not yet divorced. We are already planning on it, and I want full custody of my children, a 10 year-old boy and a 7-year old girl. Right now we have a 50/50 share of custody. But there are times when I still have them even during her share of time because she said she couldn’t handle them. She lives in a 4-bedroom place where she shares it with 7 other people, so that they all share a room: my wife, my kids, and my wife’s 16-year old sister. While I live in a 3-bedroom home where our children have their own rooms during their stay with me. Their mom has also been neglecting events that our kids ask her to attend, I may have also witnessed some verbal abuse from her on our kids. In contrast, I am very active in their lives. I’m a member of the board of the school’s PTA and I attend their weekend extra curricular activities. With the above summary of our situation, would I possibly be able to win a full or majority custody of our children? Answered August 5, 2013
Winning a battle for custody is generally about taking the children’s welfare into utmost consideration. The court will consider what is the best for the children, regardless of their age. If the court sees that the children will be better off if they are with the father, then it will be granted to you. The key is to make your argument persuasive and factual that your children will have better lives with you than with the mother.
You should work with a lawyer instead of just going at it on your own, because there are legal aspects that need to be addressed properly. This can be done well if you have an expert on family law and divorce working on your side.