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Anonymous Asked:

I am contemplating divorcing my husband, however we have 3 young children (4-8 yo) and I am concerned about the posible custody arrangements. I have taken maternity leave wih each child and remain home part-time. I work 2.5 days a week and make sure I am home to pick them up from school even on the days I work. My husband works at least 4 days a week and typicaly gets home just before or after bedtime (although he does take them to school on the mornings I work). I am self-employed and would have the ability to change my work days to accomodate the children's morning schedule. As I have been, and continue to be, their primary care-giver would I likely be awarded joint custody but with the kids the majority of the time (ie my husband would get them everyoher weekend and a one day a week?) or would the judge be likely to decide on shared custody (one week with me and one week wih their father)? The probable outcome would have a huge impact on whether or not I pursue the divorce.

Expert Comment:

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The guiding principle in custody matters before the court is the "best interest of the children". Many factors are involved in determining what is best for children.

The availabilty of parents to spend time with their children is one factor. There are many others. You need to consult with a lawyer about your specific chances at gaining full residency of your children.

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