Can I get full custody of my 2 boys if I have a steady job and he hasn’t held a job longer than 3 months?

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Can I get full custody of my 2 boys if I have a steady job and he hasn’t held a job longer than 3 months?

Also, he had left us more than once already. He gets short tempered espescially if he is woken up from sleep. He says that he deson’t remember all the hatefulness and mean and aggressive actions he does. He admits that he cannot handle the 2 boys by himself. I don’t want child support and do want him to be able to see the boys.

Asked on January 5, 2013 under Family Law, Tennessee

Answers:

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

Answered 8 years ago | Contributor

There are two types of custody, which are physical and legal.  Physical custody means the parent with whom the children live.  Legal custody means making decisions about your sons' education, health care, etc.

Although it is not possible to predict the outcome of a particular case, you have strong arguments  in favor of being awarded physical and legal custody since you can provide a stable home environment and your husband has admitted that he can't handle the two boys.  A court will base its decision on awarding custody by considering what is in the best interests of the children.


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