Custody going to court(what are my chances)?

Question

Me and my wife are getting a divorce.We both go to court next monday for temp-custody.No one has custody of the kids,but my wife has a(court order)to pay child support because the kids live with me 5 nites a week- Plus my wife left the home for a affair and she live with her parents .There was a routine for the kids the last past 7 months.Her check got garnished in feburary,The last week in feburary she took the kid and won't return them.She won't even let me spend time alone with the kids.Then file court paper saying the kids live with her now and she want child support.She telling the courts since their no custody award to no one she don't have to pay child support and that why she took the kids out of the routine . What are my chances of the judge going back to same routine or giving me custody?

Answer 1

About 50/50, but don't get your hopes up, some judges get all moist eyed about women being mamas, it is ridiculous and discriminatory, but it is how they are very often. You must have a lawyer, it is going to cost you an arm and a leg.

Answer 2

Not good. Unless you can have her ruled unfit as a mother, the courts tend to award custody and support to the mother. You may be able to convince the court that your the better parent on the grounds she abandoned them but is hard to prove. What she did was played dirty. She took the kids, filed with the courts and since she had physical custody of the kids at the time,the courts let them stay with her and to hell with you, no matter what happened prior, Dirty Play. Another way maybe depending on the age of the kids, you can ask the judge to allow the kids chose who they want to live with. Happens all the time and sometimes it works, but there is no guarantee on the outcome of this but you have more to gain than lose here. Hopefully, the kids are of an age where they can reasonably answer and impress the judge. Its an outside chance but try it. Good luck

Answer 3

chances are if the kids had lived with u and go to school in your area, and your home was the home they lived in before, he will give u custody. get an attorney, your wife also doesn't have a residence, and just took them prior to the custody hearing because she doesn't want to pay the support. i would tell the court that they lived with u and she just decided to take them. the court sometimes orders the children a guardian addendum and the is like the children's attorney, looking out for what is best for the children, and what he says goes, he reports all his findings to the court. get an attorney as she will have one. it may be a fight, but the courts will take everything into account. when u go to court try to remain as calm as possible, don't get upset and let your emotions get the best of u. she did leave and abandon them so u have a very good chance of getting them.

Answer 4

Well my sister in-law had the same problem just reversed. The dad has a full time job,house of his own,someone to see after my niece.My sister in-law is disabled,rents a shitty appt,is on dialysis and awaiting a kidney. But she has full custody of her girl,gets plenty of child support he has to pay half of her rent and get this they where never married. So that's to show CA law.. you would think because he has a job is healthy and can actually look after her, he would get custody..But in CA if you don't have proof of an affair,abuse or anything similar there is no way a judge in CA will take away the kids from the mother I now from my sister in-laws experience... I just think her girl would of been better off with her dad since most of the time (all the time) she's in the hospital..
Just my opinion from Ca..

Answer 5

show proof that you had the kids for 7 months and make sure you tell about the affair and her ABANDONING you and the kids and I am sure you will get the kids back. Don't be afraid to slam her asss because she betrayed you and the kids and she only took them because she doesnt want to pay child support. ANy decent mother would have left them in the stable home they had been in since she left. i wish you all the luck and I think you will be successful.

Answer 6

Hey try this on for size... the kids aren't volleyballs so why are they the victims in all this. Its not their fault the two of you weren't good enough to choose a spouse properly so now what?..You two are going to do what feels good for you because the marriage didn't work out...meanwhile the kids are the ones that suffer. Damn! Both of you come to your senses and suck it up and do whats right for the kids..Now what do I mean by that?. Unless there is abuse, then the two of you need to stay in that house and somehow someway make a go of it for those kids. Don't make them pay for your mistakes the two of you made. Stay together even if its not the most convenient thing for the two of you and do the mature thing for these kids. They need a two parent home, so do whats right for them. Good Luck!

Answer 7

I would say you have as much chance as she. The fact that she has been so underhanded should go against her as long as you have someone to vouch that she didn't return the children. Was the police called or anything? Would have a neighbor witness you trying to get your children back? There has to be someone.
Had the same thing happen except I was the wife. He wouldn't give me my children back. Initially I didn't fight. Big mistake. I am happy to say I have a great relationship with my children after getting my balls back and fighting to see them for 8 years. Dont give up.

Answer 8

Why would the courts give her the children when she does not have a home for them. Aren't the kids complaining they want their toys? When you get custody, make sure she only has chaperoned visits as she has already proved she can not be trusted to return the kids.

Answer 9

I think the judge will be inclined to give you custoday and her visitation. However, I have not heard her side of the story. I have seen few cases where there are not counter-accusations. Try to prepare for what you anticipate she will accuse you of. The more you can document or have an independent corroborating witness for, the better you will be. Good luck.

Answer 10

The only way you get any settlement that could be called fair is to use an attorney. Court systems aren't based on moral issues they are based on the law. Contact an attorney if you want the straight truth on this one.