Q: My wife left me and our 3 kids last year in August due to her infidelity this past may she served me separation papers.
The agreement was 50/50 with our kids a week on and a week off since she left in August I've had our kids 95% of the time which I love!! She has been partying and vacationing ever since with her affair partner. If she divorces me can I get full custody of our kids since I'm the sole provider and they live with me?
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A:
Under California law, the court's primary concern in custody decisions is the best interest of the children. Since you've been the primary caregiver and provider for your children for the past year, this will be a significant factor the court considers. Your ability to provide a stable, loving, and supportive environment for your kids, as demonstrated by the time they've been with you, strengthens your position.
However, full custody isn't guaranteed just because of your current situation. The court will look at various factors, including the children's relationship with both parents, the parents' ability to care for the children, and any history of irresponsible behavior. Your wife's recent actions and lifestyle might impact her claim to custody, especially if they suggest she isn't prioritizing the children's needs.
Document everything, including the time you've spent with your kids, any communication with your wife regarding custody, and any evidence that supports your claim to be the more stable and responsible parent. This information can be crucial if you seek full custody.
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