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.
If you found this answer helpful, let me know by clicking the "Mark as Helpful" button or "Best Answer" at the bottom of this answer. By answering this question, the Law Offices of Cathleen E. Norton does not intend to form an attorney-client relationship with the asking party. The answers posted on this website should not be construed as legal advice. The Law Offices of Cathleen E. Norton does not make any representations about your family law matter, but rather, seeks to provide general information to the public about family-law related matters. You should consult with an attorney to discuss the specific facts of your case. Thank you.
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.
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