How can I get full custody of my two children? 4 Answers as of June 20, 2011

My husband is having in affair with another woman and he moved out of the house. We went to a marriage counselor and we decided to give it three months to think about our relationship. It's been 3 weeks and I don't see him changing. We have one girl 10 years old , and a boy 8 years old. I want to get a divorce but I want to to know how I can get full custody of my kids. What do I need to do?

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Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
The Court will implement a parenting plan in the best interests of the child. His infidelity will most likely not be a factor in determining custody.
Answer Applies to: Washington
Replied: 6/20/2011
Seattle Divorce Services
Seattle Divorce Services | Michael V. Fancher
Under Washington law the court does not grant custody, it makes a parenting plan which determines the time the child will spend with each parent and what the role of each parent will be in decision making concerning the child. Once you file the divorce, you can ask the court for a temporary parenting plan pending trial.
Answer Applies to: Washington
Replied: 6/16/2011
Law Office of Michael W. Bugni
Law Office of Michael W. Bugni | Jay W. Neff
First, let's deal with the term "full custody," as it is often misunderstood in the state of Washington. Assuming that neither parent has any major problem like alcohol addiction, drug addiction, nor domestic violence, the court is going to pick one of the parents with whom the children will live the majority of the time. The other parent will get some sort of schedule of visitation with the children. The court is not going to cut one parent out of the children's lives without a very good reason. The fact that you are the parent still living in the family home will help you somewhat in being the primary residential parent. Some of the other factors are: which parent are the children more bonded to and who has taken the greater role in providing for the day to day needs for the children. Also, if your spouse is not bothering to see the children or talk to them on the phone, this will help you as well. As a practical matter, the longer your spouse goes without seeing or communicating with the children, the better for your case it is. Beyond that, you need to get the divorce under way and you need to have a temporary orders hearing for the court to adopt a set of temporary orders, including temporary child support and a temporary parenting plan.
Answer Applies to: Washington
Replied: 6/16/2011
Glenn E. Tanner
Glenn E. Tanner | Glenn E. Tanner
In Washington the court will probably give primary caretaking responsibilities to the person who has the closest relationship with the children and has performed the most parenting functions if this is in the children's best interest and you don't have serious drug/mental/sexual issues. If this is you, file for divorce, move for temporary orders and expect to be the primary caretaker. Consider the collaborative process for resolving your differences.
Answer Applies to: Washington
Replied: 6/15/2011
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