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Will I win custody claim?

Oonah wrote:

My kids have lived with me all their lives - A 6 year old girl and 5 year old twins - a boy and a girl. Now that I'm married and my husband and I decided for various reasons to pursue custody through the courts.

I don't have the rosiest of pasts, but I am a decent human being, and in spite of being a bit selfish from time to time, try to be the best parent that I know how. I love my children and the remote thought of them going to live in Florida with their bio-unit (thats all the jerk is) just eats me alive.

The bio-unit actually intends to fight me in court after I've had the kids all this time. The sad part is that if I actually thought he was the better choice I would consider other options, but , I guess what I'd like to know in your opinion is that since the bio-unit has had only very limited contact with the children (his choice) and they have lived with me, even though I've made some mistakes in my past - two DUIs and children youth has been called on me before but the visits were unfounded.

Do you think that any judge would consider breaking up the only family these children have ever known. Thank you ahead of time for listenening and I'll be axiously awaiting a reply.

Dear Oonah,

Most places, courts have to decide such matters "In the Best Interests of the Children". So they'll look at both claims - and, of course, could remove the kids from both - but they haven't before, despite your record, so you can pretty well rule that out.

I don't know enough to see where the balance lies, but I do have concerns about what you have not said.

You brush off your reasons - but ask yourself why you are doing this. The father may have had little contact - but it looks like you are trying to cut him out entirely. It's quite likely he loves those kids - and you've forced him into action.

You mention 'unfounded' investigations - but there'll be a file behind that; will that be held against you?

He may be simply a "Bio-Unit", but if you want to win this one, you'll have to do better than insult the opposition.

You'll need to think about what is in the kids' best interests.

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30 November 2016  |     |  Contact