Can Dad get cutody?

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SweetlyNumb77

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A friend of mine wants to divorce his wife, but will not do this unless he can make sure he gets custody of the kids. His son is not biologically his, but he adopted him when they married and his daughter is biologically his. His wife will not agree to him getting full custody.
There isn't anything that I know of to suggest that either of them are unfit parents. However, she is not working right now and the kids still go to school and daycare during the day while he is at work. What she does during the day while the kids are not home, I have no idea.

So, what chance does he have of getting custody?
 
Who is the primary caretaker? What state does the family live in? And what is your relationship in all this?
 
First off, my relationship in all this is that he is a friend of mine. Next, they live in Alabama. And aas for who the primary caretaker is, I can't say that I know for fact, but from what I do know, it seems as though the kids are only home when both parents are home to care for them. The oldest goes to school during the day and the baby goes to daycare while he's at work all day. He transports the kids to school and daycare on his way to work and picks them up on his way home from work. She doesn't have a job so she's home all day alone. He doesn't work on weekends so he's home with her and the kids then as well. But as for specifics as to who does what other than what I previously stated above, I don't know.
 
If he adopted the boy then the child is legally his.

Both of them obviously cannot have sole custody. They both cannot get it unless they agree on joint. He can certainly ask for joint-that is being awarded more and more. They both really need to see if they can work something out. Does either of them have attorneys? It sounds like m0m for the most part has likely been the primary caretaker. It is probably not conceivable that Dad can get custody, ge might have better luck trying for joint.
 
As of now, they both have custody since they're still married and still in the same house. Nothing has been done to get divorced because he won't file unless he can get the kids. If he can't get custody of the kids, he'll pretty much remain in an unhappy, loveless marriage until the kids are older. I don't want to see him do this himself, not to mention that staying together for the kids isn't a great idea either, but he refuses to leave them. As for which parent give primary care, I'd have to say that I think it's a 50/50 effort since the kids are only home when both parents are home. If he (my friend) is at work, then the kids are at school and daycare even though the mom/wife is at home, not working.
 
Well, I was just informed by my friend that his daughter had an incident at daycare yesterday and hit her head. It was bleeding so, he had to leave work and take her to the doctor. However, the mom (wife) stayed at home, still without any kids there. Does this help his case if he goes through with the divorce and custody?
 
No, that probably doesn't help his case.

Your friend should be working with an attorney if he REALLY wants out of his marriage. In fact, if your friend wants out so badly, then he would be on here asking the questions.

You are hearing a one-sided story. A judge hears both. It is unlikely that your friend will get full custody of his kids based on what you've written, but a judge may decide differently based on the WHOLE story. OR he may award full custody to the mother based on the WHOLE story. No one here can predict that based on the comments of a third party.
 
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