Q: My wife and I have been separated for a year now due to her affair. She left me and our 3 kids this past may she served
Me separation papers and asked for custody be 50/50 a week on and a week off which she hasn't abided by and that completely fine with me. If she divorces me can I get full custody of our children? I have them 97% of the time I provide for them.
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A:
In California, custody decisions are made based on the best interests of the children. Given that you have had the children 97% of the time and have been their primary caregiver, this can weigh heavily in your favor if you seek full custody. The court will consider factors like who has been the primary caretaker, the stability of the living situation, and the ability of each parent to provide for the children's physical and emotional needs.
Since your wife hasn't followed the 50/50 custody arrangement, that could also be a factor the court considers, especially if you can demonstrate that the current arrangement benefits the children. However, the court might still grant her visitation rights unless there is evidence that her involvement would be detrimental to the children.
To increase your chances of getting full custody, it's important to document everything related to your current custody arrangement, including any instances where she failed to take the children during her designated time. Keep a record of all communication and be prepared to show how the current arrangement serves the best interests of your children.
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