Anonymous wrote:
Anonymous wrote:
Anonymous wrote:As a divorce attorney, I have seen fathers get primary custody only in three circumstances:
(1) Mom doesn't want custody (used to be unheard of early in my practice, but now, in my 23rd year of practice, roughly once a year, I come across a mom who doesn't want custody).
(2) Father is a stay at home dad or works very little and has been the kids' primary caretaker for a long time.
(3) Mom has severe and documented mental or substance abuse problems. If the problems aren't documented, the man will need a slew of witnesses with nothing to gain (so, for instance, kids' teacher but not dad's meddling mom who is eager to edge out biological mom).
I have never seen a man get primary custody against an involved, normal mother who is fighting for custody. The most he can hope for is 50/50.
Can you bracket normal for us? Is averagely flawed, with cause for the occasional nothing-to-gain-witness's disapproval OK? The story upthread of the mom with very little visitation rights because "she came across as angry and vindictive" is terrifying. If someone was using expensive lawyers that I couldn't afford to take my kids away from me, in addition to whatever had led to the divorce, I just might come across as angry and vindictive too.
PP divorce lawyer here. I always roll my eyes when friends or relatives of the parent who lost custody claim their friend/relative was amazing and lost custody just because the spouse was richer or the non-custodial parent made a minor error like seeming upset in upsetting circumstances. There are certainly very biased, awful judges out there, but it is RARE that custody comes down to such simplistic factors. A lot of times friends and families aren't aware of the skeletons in the non-custodial parent's closet and are just speaking out of turn.
If your anger and vindictiveness make you do crazy things like go nuts in court, stalk your ex, or say insane things to the kids that your ex finds out about, then that's going to hurt your custody bid. If you can't control yourself when you have so much on the line, then maybe you really aren't the person little kids should be left with. But even that likely won't be dispositive of your custody fight unless you do something really crazy like physically attack your ex, have a series of outbursts in court, AND your ex has other documented instances of you being unstable.
I am the earlier poster whose DH gained primary physical custody of his kids when they were 4 and 7. It was very unusual because we were in a state that rarely gives dads custody and the kids were in what was called "tender years" back then. I'm not sure if they still use that terminology. We had them from 4 and 7 till they left for college. Here are some things that hurt her case -
She didn't listen to her attorney.
She refused to cooperate in mediation.
She was receiving $2,700 a month in support but was evicted from three homes, had utilities shut off over and over again....yet got breast implants.
She was not supporting the kids in school. At all. Teachers were complaining constantly about attendance and grades.
She was not abusive, but she was neglectful. The kids were not receiving regular dental or medical care. We provided the insurance.
She made every effort to interfere with visitation.
She would not let my DH talk to the kids on the phone.
In court she was so angry and vindictive that it was a little scary.
None of that would have likely cost her custody. But then -
She made false allegations of abuse against me. She accused me of sexually abusing my stepdaughter. You can imagine what that did to my life. It was by far the worst thing I have ever been through. Was I alone with her? Of course. I was a SAHM. Did I touch her privates? Yes. She was FOUR. I helped with baths. I wiped her bottom. She had an infection and required topical mediation. There was nothing I could say or do to prove my innocence. That God (literally) the court ordered psychiatrist testified that my stepdaughter told him that her mother told her to lie so that she wouldn't be "taken away forever". The ex fell apart on the stand and admitted that she "might have been wrong" about the abuse. The psychiatrist that interviewed the ex said he believed her extreme religious beliefs (very, very conservative fundie Baptist) were dangerous for the kids and everything that she said was steeped in anger and a need for revenge. He was concerned for my safety. And I'm not the one who caused her marriage to fall apart. He also said she seemed "detached from reality". The Guardian Ad Litem recommended primary custody go to my DH.
In the end the judge felt that it was in the kids' best interest to live with us. He felt we would better facilitate a relationship between the kids and both parents. He felt we could offer more stability. Both kids stated a strong preference towards living with us, but I don't think the judge really considered that because of their young age. She got every other weekend and four weeks during the summer. Alternating Holidays. After a few months, she stopped seeing the kids regularly. She probably saw them for about a week over the summer and for a few days during the winter holidays. Never for Christmas because she didn't want to buy gifts. She rarely if ever called.
If you ask my DH's ex-wife, anyone in her family, or her friends why she lost custody, she would say it was because we had more money and I was a SAHM. And the scary thing is that people actually believe her. It was so tempting to share the details of the case back then. I felt bad because she made my DH look like a monster for "taking away the kids". I was more emotional and wanted to defend him at every opportunity. He was adamant that we let it go. Looking back, I'm so glad we did the right thing and kept that to ourselves. Even as adults, the kids don't know the whole story. They even seem to have forgotten the parts that they were involved in. We were talking about family therapy a few months ago and the only thing they remember is playing board games with the doctor. Again, thank God.
Do not believe any mother who says she lost custody because of money. That's just not how the family court system works.