Q: I want to file for full custody of my children what are my chances of getting them
My kids live with me the dad is barely involved in their life but he said he will fight it in court
A: Do you mean sole legal and physical custody? First of all if you and father are unmarried and father was not living with you at their birth and was not involved with the children, then you are presumed to be the sole custodial parent. Visitation may be ordered. However, if you were married to father the presumption is joint legal custody primary custody with mother and father to have reasonable visitation. Sometimes there are circumstances where the presumption should not apply and these can range from abusive or neglectful behavior of the other parent, unwillingness or inability to care for the children during visitation, risk to the children from the parent, etc.
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