I am going through a custody battle and I was.wondering what the chances are that I could win?

Here are the details: I live in a 4 bedroom house with my 2 kids, my sister, her fiancee and their baby. They work; I work part-time and I watch the kids while they are at work. Were are financially stable. My ex-husband works 7 days a week/12 hour shifts; he’s never is home. Also, he lives with his mother in a 4 bedroom house with his mom, dad, and 2 sisters. Could I possibly win?

Asked on June 5, 2012 under Family Law, Ohio


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

There are two types of custody; physical custody and legal custody.  Physical custody means the parent with whom the children are living.  Legal custody would be making decisions such as education, health care, etc. for the children.

Although it is not possible to predict the outcome of a particular case, the fact that the children are living with you would be a factor in your favor for being awarded physical custody.  Since the children are accustomed to living with you, a court is not going to remove them from the home where they are accustomed to living; especially if they are very young children.  Also, another argument in your favor is your husband's work schedule.  Since he is working 12 hours per day, 7 days per week, how is he going to be able to take care of the children if he had physical custody even though he lives with his mother?  The court looks at what is in the best interests of the children when making decisions about custody.

As for legal custody, it is possible that the court might grant joint legal custody, which means both you and your husband would be making decisions regarding education, health care, etc. for the children.

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