Custody question?

Question

My boyfriend is in the process of a divorce. He was married 6 years and has 2 kids with her. She had an affair and admitted to it. Right now they have shared custody of the kids with him having primary care. She signed the seperation papers stating he would have primary care but now has changed her mind and won't sign the divorce papers because of that. He wanted try to settle out of court but she refused to meet with him and discuss it. How likely is it they will rule that they have shared custody rather then my bf having primary if she already signed the seperation papers?

He would like it to have it shared, quite equal, but he wants primary care. Basically he wants the last word. She's done some pretty stupid things in the past and if she starts to screw up again he doesn't want the kids in that kind of environment. If he had primary care he would be able to decide that. I'm in Canada.

Answer 1

Family law varies state by state. He will really need a lawyer to represent him.

Here are some links. However, if she already signed it can be changed, but any reasonable judge will take that into consideration.

Also, I am including some co-parenting & stepparent links.

Good luck!

Answer 2

at this point, there is no definitive answer to your question. She is the birth mother and the courts tend to favor that. (not of course in all cases). looks like you and your bf need to retain a lawyer. Just because she signed the papers, doesn't mean that the judge will go your way. This is a case that will most likely be decided in a court of law, it could go either way.

Answer 3

they may have to get an attorney for the kids (G.A.L.) before the judge will issue custody to any of them sole custody. it is really up to the state and the judge in this issue. its not easy to take custody away from the mother unless shes on drugs or something like that...this could be a long drawn out issue also. asking that in here really won't give you an answer to what really will happen when it goes in front of the court

Answer 4

Since she has already signed the separation papers, they will take this into consideration. They will have to go to court and fight it out with the Judge making the decision. Nowadays, the courts are giving more and more fathers physical custody of their kids and since he already has it, most likely they will let him continue to have it that way.

Answer 5

I would guess that shared custody will be the way it will go. I have been involved with this type of battle and the chances of the mother getting the better end of the deal is very, very good. The only way around it is to prove without doubt that she is a unfit mother and that is very hard to do.
Good luck to all of you

Answer 6

My bf has just went through the same thing. He filed for custody after his children reported drug abuse in the home. They went to court children had to testify they were scared and put in an emotional position and still remained shared parenting. Tell your bf get a good lawyer and fight fire with fire.

Answer 7

Even with him having primary custody they can work it out together to where she gets more than what the judges come up with.

She is the cheater so your man has the court advantage.

Answer 8

Depends on the judge. I believe that most judges would give her signature little weight and decide what is in the best interests of the children.

Answer 9

not likely, at this point they will probably give him primary custody still, she's just making it worst fer herself

Answer 10

ask a lawyer.