If we divorce, who keeps the children?

UPDATED: Oct 1, 2022

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If we divorce, who keeps the children?

My wife keeps threatening me with divorce she is a lawyer our main problem is money as she want a high stardard for herself and children . I pay for school fees neary 250k a term and pay house rent but this is pushing me too hard as am earning quite less to that. I just found out she has been sleeping around with a man and when i confronted her she has gone ballistic. What am worried about is our kids if we separate and also fear for my life as she has all big people.

Asked on November 15, 2017 under Family Law, Alaska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The court will grant custody to whomever is better for the children: the children's best interest is the standard used. The court will look to several factors, such as--
* Who has been the main or primary caregiver--that person more often gets custody, to avoid disrupting the children's lives;
* Does either parent have a gambling, substance abuse, or mental health problem, or criminal record, that makes him/her less suitable or unsuitable;
* Who will stay where the children have been, to avoid uprooting them (e.g. if one parent now lives elsewhere or wants to relocate, that counts against him or her);
* Does either parent have a health issue making it difficult or impossible to care for the children;
* Is either parent associating with dangerous or unsuitable persons (e.g. felons).
The court will typically *not* look at the marital relations, however: e.g. if she is  good mother, then the fact that she cheated on you is irrelevant to custody. The children's interest, not fault in the marriage, is what the court looks to.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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