Q: what are the chances of a woman getting full custody if she files for divorce?
My Brothers wife has decided she wants a divorce and will not let him see their son unless she is there. She told him she was going for sole custody and that the only time he can see the baby is if she is there. She does not have a job, lives with her parents. My brother lives with my grandpa but has a full time job. He worked out of town supporting them for most of the sons life, only returning on certain weekends. Is it possible that the judge will grant 50/50 custody? And can she not allow him to leave with the baby on his time?
A:
Husbands and wives of minor children have the same rights to see those children and be a parent to those children, unless there is an order from a court starting otherwise. She will have to convince a judge that her husband is unfit or that it would be a detriment to the child. The right to raise your children is a very strong constitutional right. It may be time to file for a Dissolution of Marriage and have the husband get his rights set forth in a court order. That is the best advice I can give without knowing more.
Lee N. Feinberg, Esq.
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