If we divorce, who keeps the children?

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.


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