Who would get custody of your children?

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Who would get custody of your children?

I am a stay at home mom, my husband is the family provider. We have 2 children, a 16 year old with special needs and a 5 year old.

Asked on June 25, 2018 under Family Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There is no 100% right answer to your case, because it depends on the specific facts--the courts look closely at the family situation and what is best for the children when determining custody.
That said, most often, a stay-at-home caregiver will get custody (assuming he/she wants it), unless that person has some substance abuse or health (including mental health) problem that makes them unfit for custody; a criminal record of crimes that again bear on fitness for custody; is incarated; or is in an unacceptable living situation (e.g. has a live-in boyfriend/girlfriend with substance abuse or criminal issues).


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