Do I have a chance to get my children back if my ex-husband is not taking proper care of them?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Do I have a chance to get my children back if my ex-husband is not taking proper care of them?
My ex-husband has had primary care of my kids since I was in an accident that left me without a place to live, etc. But my daughters have told me he has been drinking a lot and they have no heat in there home. Do I have a chance to get them in my care since I am back on my feet?
Asked on December 16, 2012 under Family Law, Nebraska
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
There are two types of custody; physical custody and legal custody. Physical custody means the parent with whom the child or children reside. Legal custody means making decisions about the child's education, health care, etc.
The court bases its award of custody on what is in the best interests of the child or children. The living conditions you described regarding the father are clearly not in the best interests of the children. Therefore, by providing a stable living environment for the children, you have a good chance of being awarded physical custody by arguing that a stable living environment is in their best interests. Although it is not possible to predict the outcome of any case, you do have a good claim for physical custody based on the best interests of the children.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.