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What is the likelihood that I will be granted full physical custody?

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Will I be likely to obtain full physical and joint legal custody of my two boys (age 5 and 2)? Mother is a repeat **** offender. Mother is temperamental. Mother has 2 overnights a week (1 1/2 days). Mother resides in 1 bedroom apartment since her departure from 6 months in rehab this past March. I have had the boys in a stable, environment since our separation 1 1/2 years ago. We live in a 3 bedroom home, and both boys have their own room. They have been in the same daycare for over a year and my 5 year-old is currently enrolled in school.

Asked 11/3/2009 under Wills, Trusts, Probate | 184 View(s) | More Legal Topics

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N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney Answered 2 years ago | Contributor

I can't predict what a judge will decide, especially when I don't know all the facts of your case. But based on what you state, you appear to have given your sons a safe and stable environment. A court looks at what is in the best interests of the children. Right now, it doesn't appear as if it would make sense to remove your sons from their home and schools. You have proven that you are able to care for them and the mother needs time to adjust to her new life. Also, she is allowed to visit with her sons. So she is not being deprived of her rights and will still retain joint legal custody of her sons. The likelihood is very good that you will retain physical custody of your sons. Best of luck to you and your family.

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