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My spouse sleeps until noon or so several days a week and on weekends. will this keep him from getting 50 50 custody?

Dayton, OH |

he has a long history of major depression and excessive sleep issues. as a resulti am with the kids 90 percent of time and couldnt get a job as I never wanted to leave them with him while he slept the day away. Would this impact his custody and visitation? I would hate for them to go to his house only to be left alone.
Also, how do i prove his get up time? They leave for school at 8 and many days he completely misses them in the am, and gets home from work too late to see them.

Attorney Answers 3


Your husband's sleep habits and depression may prevent him from receiving 50/50 custody. The Court will consider what is in the best interests of the child or children. If he is unable to care for them properly because he is sleeping or depressed, it may be an important factor in the Court's analysis of what is best for the child or children. You are wise to be thinking how you can document his sleep habits and depression. Consider any possible witnesses who may be able to later testify in Court. Another suggestion is to keep a journal of the time he usually spends with the child or children and his sleep habits. I suggest that you consult with a local family law attorney in order to receive the best possible advice in your specific situation. .

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Mental health issues and the interreltionships between the parties and the children are a few of several factors that the court must take into consideration when allocating parental rights and responsibilities, including shared parenting and/or a 50/50 parenting time schedule. Keep good notes on your husband's behavioral issues and share them with your attorney as your divorce case progresses.

IMPORTANT LEGAL NOTICE: Ms. Gast's response set forth above is not legal advice and it does not create an attorney-client relationship. Ms. Gast's responses to all questions posted on AVVO are intended to provide general information based upon her understanding of the facts stated in the question, and are for the general educational purposes of the public, not any specific individual. Also, a particular case may involve additional facts and circumstances which might invalidate some or all of the concepts provided in this answer and therefore you should not rely upon this answer in any individual situation. In order to offer legal advice about this or any similar situation, a qualified attorney would likely need to consider many factors not stated in the question and would need to question the potential client in order to clarify the specific facts operable in that case. If you would like to obtain specific legal advice about this issue, it is recommended that you contact an attorney in your state. Ms. Gast is licensed to practice law in the State of Ohio, practices mainly in Franklin and surrounding counties, and may be contacted directly via email at:

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The court will take this into consideration but overall the court is going to determine what is in the best interest of your children. I would contact an attorney in Dayton, Ohio to discuss this in further detail. The number for the Dayton Bar Association is (937) 222-7902 and they should have a list of divorce attorneys you can contact. Good luck!

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