Will I get child custody if I get a divorce? How? 8 Answers as of September 09, 2015

My wife and I are at odds with each other. Our marriage has been very difficult. We now find ourselves battling over custody of our two-year-old daughter. She was put on 5 year probation in 2013. Stealing pain medication. Last December she was arrested on felony charge of receiving stolen property, she is waiting her court date. In Feb. she was arrested again for stealing, currently she is awaiting judgment on that charge as well. Do I stand a chance to get my daughter if I file for divorce?

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Law Office of Robert E McCall | Robert McCall
You have a chance but most Judges are reluctant to remove a "child of tender years" , usually below 5, from the Mother. Review Florida statute chapter 61, special rules apply if Mom is convicted of a second degree, or higher felony.
Answer Applies to: Florida
Replied: 9/9/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Yes. But the question for the court is always what is in the best interest of the child? You would help yourself by retaining an experienced family law attorney. It's generally worth the cost. Good Luck.
Answer Applies to: Wisconsin
Replied: 9/8/2015
The Gufford Law Firm, P.A.
The Gufford Law Firm, P.A. | Joseph Gufford
Yes, I think you stand a very good chance of getting sole parental responsibility and a Parenting Plan under which the mother has somewhat limited access until such time as she can get herself together and show the Court the same. I would suggest that drug testing be done or the records of the same be subpoenaed and possibly very specific hair follicle testing. I would also suggest random drug screens by an agreed upon or court imposed monitor in the family law case. The Courts usually just do urine and some drugs are out of the system very quickly. Hair works best. Also, court imposed Substance Abuse Evaluation by an agreed upon provider or Court imposed and proof of compliance with all treatment recommendations. Strike while the iron is hot and spare no expense in getting this done. Your best shot is to act now with a proven family law attorney.
Answer Applies to: Florida
Replied: 9/8/2015
Mediation Services of Southwest Florida
Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
Timesharing is a negotiable item as part of a divorce proceeding. Her criminal history and present difficulties may be part of the discussion, however, keep in mind that she is the MOTHER and does have a right to her child, even if it every other weekend or supervised visitation, etc. Consider MEDIATION.
Answer Applies to: Florida
Replied: 9/8/2015
Attorney at Law | Aimee C. Robbins
Absolutely yes.
Answer Applies to: Maryland
Replied: 9/9/2015
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    California courts primary consideration is to make sure that the environment where the child lives is stable. It would seem appropriate for you to have primary physical custody of the child and visitation to mother while she works on counseling and other aspects of her life so she can be fully participate in the child's life as a parent.
    Answer Applies to: California
    Replied: 9/8/2015
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    That would be a yes.
    Answer Applies to: California
    Replied: 9/9/2015
    Diane l. Berger | Diane L. Berger
    Based on the information you provide, I would say you stand a very good chance of getting custody.
    Answer Applies to: Nebraska
    Replied: 9/8/2015
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