Do I have a chance to get my children back if my ex-husband is not taking proper care of them?

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Do I have a chance to get my children back if my ex-husband is not taking proper care of them?

My ex-husband has had primary care of my kids since I was in an accident that left me without a place to live, etc. But my daughters have told me he has been drinking a lot and they have no heat in there home. Do I have a chance to get them in my care since I am back on my feet?

Asked on December 16, 2012 under Family Law, Nebraska

Answers:

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 child or children reside.  Legal custody means making decisions about the child's education, health care, etc.

The court bases its award of custody on what is in the best interests of the child or children.  The living conditions you described regarding the father are clearly not in the best interests of the children.  Therefore, by providing a stable living environment for the children, you have a good chance of being awarded physical custody by arguing that a stable living environment is in their best interests.  Although it is not possible to predict the outcome of any case, you do have a good claim for physical custody based on the best interests of the children.


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