need help with case..thanks?

Question

Paul and Constance White were married in 1980 and separated in 1992. They had three children: a son born in 1981 and twin boys born in 1983. After their separation, the parents agreed that the father would have interim custody of the boys and the mother would have reasonable access. However, access problems developed, and behaviour and discipline problems occcured at home and at school. There was obvious and considerable animosity between the parents. In 1993, with the father's approval, the oldest son and on of the twins went to live with their mother. Since the separation, Mrs. White had been residing with another man whom she intended to marry. In divorce proceedings, Mr.White proposed that custody of the son in his care be granted to him and that Mrs. White be granted custody of the other two sons. She, in turn, sought custody of all three children.

If you were the judge, who would you award full access, or interim custosy and reasonable custody? Why not the other parent if not joint custody?

Answer 1

The husband should have full custody of the children because the wife is already living with another man which is not good for the children under the law.

Answer 2

Joint legal custody should always be considered. It will be denied if the relationship between the 2 parents is so acrimonious that they cannot speak with each other even about the children's needs. Another point to be raised is that the Courts will always avoid separating siblings if possible. The family has already been split once. Separating the siblings creates another split. Another issue is informal arrangements between the parents regarding custody without a corresponding court Order is improper. Of course, as David B pointed out, this is all moot because the children are too old. Assuming it's an exam question--joint custody should be the first consideration. Then full access and extensive visitation. After this length of time, I see no need for interim access.