New Richmond, OH asked in Child Custody, Divorce and Family Law for Ohio

Q: Can a husband threat full custody if a wife choose to divorce and be with someone else?

My friend and her husband have had a falling out. She wishes to get a divorce and his response was basically how if she chooses to be with this one specific person, he will get full custody. I have been looking everywhere but I can't really seem to find an answer.

2 Lawyer Answers
Answered
  • Divorce Lawyer
  • Dayton, OH
  • Licensed in Ohio

A: Either parent can seek sole custody. The motivation of either party to do so isn't really relevant. The primary determination in a custody determination is the best interest of the child/children. Who is the primary caregiver? These type of "threats" are pretty typical unfortunately. Kids shouldn't be a pawn in divorce litigation - but emotions being heightened, it will happen. The parent who is best suited to care for the kids should ignore these threats and hang in there!

Answered
  • Divorce Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: I agree with the previous answer. Your friend should use the Find a Lawyer tab and consult a local family law attorney to learn about the divorce process and not be intimidated by the threats from her spouse. In a divorce, the court will assess all the facts of the situation to determine what custody and parenting arrangement are in the best interest of the children. Courts typically want to keep both parents involved, unless one parent is unsuitable.

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