I think my soon-to-be-ex-spouse is a bad influence on our children. How can AI get full custody?
A judge will be unlikely to respond to the argument “My ex is a bad influence” or “My ex doesn’t know what is best for the children.” Judges hear these arguments all day, every day, during acrimonious custody proceedings. What a parent needs to prove is that the other parent is not fit.
The aim of Family courts in deciding custody arrangements is to further the best interest of the child or children. For young children, this might mean keeping them with their primary caregiver. Otherwise, the court looks for a parent’s involvement with children, ability to provide financially, and ability to provide a stable environment for children. The more involved you are with your children, the more likely you are to receive at least some parenting time.
If you have evidence of the other parent’s behavior including but not limited to violent or physically abusive behavior, behavior involving drug abuse or neglect of the children, you can argue for primary custody of the child(ren).
Whatever the circumstances, if you are considering divorce, or are currently undergoing a divorce without a lawyer, call our office to discuss your options.