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any reason i wouldnt get custody

deleted_user
deleted_user
i have a 10 yr old and an 8 yr old (Boys) and i am legally saperated and going for divorce. my stbx wants me to stay in this town , in an apartment, and then he'll give me custody of the boys. is there any reason why i wouldnt get custody anywho? theres NO abuse of any kind. i was a stay at home mom for about 6 years and ive been hare for them always, taking care of them. he says if i dont agree to staying here in an apartment he'll try getting the boys. then his mom would be the one to get them on and off the bus cause he works from 7 to 3 and doesnt always come home right away . i have summers off with them too because i work in the cafe at school. can he get custody and put them in care of a 74 year old b och and not their mom who has full capability of taking care of them and every day off the same as them. my kids are my LIFE and im not sure i can live without them. i can deal with 1 night a week and every other weekend but i dont know about always.
please advise
Che2
Che2
Don't see how he could. Sounds like he is using the kids to get you to do what he wants you to do. Whatever you do..don't do it without an attny.
patti22
patti22
Depends on state laws. He may be able to require you to stay put if you want to keep the kids and likewise you could require him. Also depends on how far away you want to take them and for what reason. For example, an hour away may be no problem, 10 hours impossible. You may be able to move for school, or a job but now just to move. A lot depends on your state. Call some kind of legal services.
patti22
patti22
Depends on state laws. He may be able to require you to stay put if you want to keep the kids and likewise you could require him. Also depends on how far away you want to take them and for what reason. For example, an hour away may be no problem, 10 hours impossible. You may be able to move for school, or a job but now just to move. A lot depends on your state. Call some kind of legal services.
deleted_user
deleted_user
Talk to your attorney. Every state has different laws and even the local judges look at things differently. Worst case, in my opinion only, he might end up with joint custody where you would each have them half the time. However, in joint custody cases you can usually request that the parent gets first opportunity to have the kids whenever a babbysitter would be required. And in that case you could have your kids when he was unavailable, anyway. But again, that is my opinion only so you should definitely talk to a lawyer as soon as possible.
Thriver
Thriver
Don't panic, I don't think any judge would give the kids to be looked after by the grandmother rather than the mom, unless there are issues.
It also depends on the individual judge and the state. Find out who your judge is and what he/she is like.
deleted_user
deleted_user
The best he could do is fifty percent but if you can prove that his mother is going to be the primary care giver when he has them and she is not fit you might have a chance of getting that rolled way back.
deleted_user
deleted_user
Ask a lawyer to be sure, but I highly doubt his set-up sounds to be of benefit to the kids. Courts will always put the welfare of the children first, and act in their best interest. If you plan on moving them away from family and friends for no reason other then to distance yourself from the ex, I am not sure what they might think of that....BUT I doubt very, very much that your ex would do any better than 50%. You would have to be proven to be abusive, negligent or incompetent as a mother.
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