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.
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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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