My wife and I are talking about divorce but either one of us wants to make that leap in fear of breaking the kids hearts. My wife has fallen out of love for me and shows me no effort to make it work. I feel I'm the better parent. I spend more time with my kids than she does. She works days and I work evenings. Because I'm home, I wake my kids up every morning since they were born. I get them ready for school, prepare breakfast and lunch. I always make sure they have clothes washed for school, do all the grocery shopping and give them plenty of love. I don't want that to change. I guess what I'm asking, what are the chances they would live with me?
Divorce / Separation Lawyer
The answer to your question depends on many factors, too complicated to explain here. However, your post suggests that you have some very good facts in your favor, except that you work nights and therefore the kids can't be left alone during those times you are at work. I highly suggest that you consult with a family law attorney about your rights BEFORE you file for a divorce. It is possible to enter into a Stipulation regarding custody and visitation without litigation, but you will need to discuss all of your options with an attorney. In the meantime, I am including links below which will help explain the process to you, and give you some valuable information about custody, child support, spousal support, and the divorce process itself. I am sure you are scared to take the leap, but I've always found that gathering credible information helps relieve some of the anxiety in a divorce. Good luck to you.
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1 lawyer agrees
Divorce / Separation Lawyer
Custody decisions are based on what is in the best interest of the children (not the grownups). Further, the decision will be intended to foster frequent and continuing contact with both parents, unless being with one of the parents poses a danger to the health, safety and/or welfare of the children. If you were to awarded physical custody, what would happen to the children while you are at work in the evenings? Sounds like you and your spouse have a perfect schedule for joint physical custody. Divorce means change.