Do I have any right to demand custody of the children?

Anonymous Asked:

Hello,

I am newly separated and have 3 children. My husband is a wonderful father and wants to have the kids 50% of the time. However, his work schedule obliges him to work on week-ends with Wed and Thur as days off and he leaves for work at 5 am. Because he works on week-ends, I do not believe the kids should be in someone elses care (brother, grand-parents) when I am available to be with them. Also, I do not think they should be alone when they wake up when I could be there before I go to work (my older daughter is 12). Based on this information, do I have any right to demand custody of the children and let him have them on his days off? Thank you!

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Andrew Heft

9 years ago

Based on the facts that you have presented it would appear more appropriate for you to maintain sole custody of the children and permit your husband to have visitation rights insofar as he does not seem to be available to take care of his children on a daily basis. It is difficult to generalize such scenarios however as he may be more available in the evenings than yourself and other factors might play into the decision to grant sole or joint custody of the children to yourself or to your husband.

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