I'm a man getting a divorce, what are my chances of custody of my son?

Question

my wife is partially sighted and suffered from depression...does this strengthen my position...any advice from other men who've been through this would be greatly appreciated

Answer 1

If your both good parents, then ur chances are about 40 % to 60 % (her being the 60) the reason i say that is , judges tend to grant mothers custody .. what i recommend to u , is that u seek "shared" or "joint" custody.. Shared is where u have the children 40% of the year.. instead of just weekends and holidays, u actually spend "real time with them" u still have to pay childsupport, but if u have them atleast (i think its 148 day/nights.. check with a lawyer in ur state) u still will have to pay child support but its considerably lower since the kids are with u a good portion of the time.. Joint is cut and dry 50/50 with no one paying child support.. 6 months / 6 months.. , and its very important to try and get the type of custody u want now, because once its set in stone , its very hard to try and go back and change it later.. and i suggest to u that u go to court with a "game plan" in place, show proof of day cares or babysitters that are set up and ready to go, (not sure how old ur children are) , Show them pictures of the room u have set up at your house for them.. basically have everything prepared to show that ur capable of having custody..

Answer 2

well I'm a woman, but I can tell you this. Men get the worst end of the divorce. Mothers have so many rights,and in some situations, that have too many. When fighting for children, people tend not to think about the child. are you thinking about what you want or what is best for the child. The judge will do what is best for the child. He doesn't care what you or your wife want, its the child that is important. If your wife is unfit then you have a better chance. But partially sighted and suffered from depression, aren't all that good. They can be or have been corrected. Before you go any further I want you to think about your son, and what is best for him. Remember mothers have a bond with their children that can't be destroyed. Please just think about him, then you do what you feel is necessary. good luck in whatever you decide

Answer 3

It will depend on a number of factors that are probably outlined in your state statutes. The most important one probably being the age of your son. If he is very young chances are, baring some really bad things about your wife, he will stay with his mother. However with an older child the most important factor will probably be how involved you have been in raising him in the past. If you have been the primary parent - the one to drop/off pick up at school, arrange meals, take him to doctor's appointments, take him to sporting events/school events/ play dates, the one to take off from work when he was sick - then you have a great chance of getting custody. If however, you were the parent working outside of the home and your wife was taking care of most of the above, the court will continue that pattern and award her custody. The fact that she is handicapped in her vision and suffers from depression will not come into play unless they profoundly effect her ability to care for your son.

Please try and remember that the person with "custody" doesn't "win" in a divorce. Instead it is the parent that fosters a close relationship with their child and is able to work with the other parent for the benefit of their child that wins.

Good luck.

Answer 4

You could probably get joint custody but they will most likely give her primary physical. Of course get an attorney if you can afford one. Bad mouthing her vison impairment and depression will just make look like a jerk in court. Judges hear crap like that all the time. Depression is basically as common as a cold and we let blind couples raise chrn all the time so neither of these will impress the judge. I worked in family court for years and I cant tell you during a custody dispute ex's tend to find lots of things "wrong" with each other that the average judge couldnt give a crap about. You should focus on what you can provide for your child, home, daycare, etc and unless her issues seriously impact her ability to care for the child dont even bring them up.

Answer 5

You will stand a better chance of sharing JOINT custody of your son. Have your attorney petition for the child to be able to reside 1/2 with you and 1/2 with your future x---Have holidays spelled out too.

What does your child want to do? What in the best interests of the child? These are all key factors that you need to address.

Sometimes you will have to go to a mediator to have a third party evaluate what is in the best interests of the child.

Answer 6

All I can say is good luck! Alot of it depends on the strength of her lawyer and yours and the reason for the divorce. Bottom line it takes money. The State of Texas almost always sides with women. Even if you are the best guy in the world and your soon to be ex is the Devils wife it is tough.

Answer 7

BE CAREFUL! I do not know where you live but in some states a woman can do a lot of bad things to a man to get custody and get a way with it.

when I got divorced I got custody of my kids. then I had repeated charges put on me for attacking and threatening my ex. I never did any of those things but she used the charges to gain half custody of the kids. after we got divorced she came by the house one day and stayed for about ten minutes and left. about 30 minuets later she showed back up with the police and had me arrested for beating her. she had it all set up with her lawyer before she ever came to the house to start with. in some states a women does not really need proof, she just has to say it happened.. in talks with her and both of our lawyers she said to me just give me the kids and all the charges will go away. if you are not very careful you will find yourself in hot water very fast with a divorce. I never even thought of that taking place. took me by surprise for sure..

Answer 8

Your chance of gaining custody are about 5%. Unless you can prove without doubt to the court that your wife is incapable of caring for your son properly.

Answer 9

well from my personal experience the only way
to get the custody of your son is by proving
your wife she not able to take care itself
but I will not go there if is not true.

Answer 10

You must prove your ex to be an unfit mother . This is no easy task . good luck .