Who gets them?

[Christian]

I have taken this seperation very hard and have left some heated texted messages. Other than being over emotional towards her have been very supportive towards the kids and even attempted to assist her. I have been out of work for sometime now and been looking daily but still no permenant position. I am enrolled in school for a AS in nursing but have chose to take the summer off. I could not afford to keep the house we rented together after she left so I am currently living with my parents in a 4 br/1 ba home on 2 acres.

She is working and has been with her company for about 3 years. She moved into her moms and share a 3 br/2ba with 5 others not including herself and the kids. She is already seeing another man and runs the streets and sleeps over when everI have the kids. I have notes and documents of her affair with her coworker during our marriage. Nothing explicit but the intent and desire is clear. She has only recently paid close attention to the kids needs after having a truant officer come in due to our kids being tardy or absent over 20 times in 18 weeks wwhile in her care. Kids homework has not been consistantly checked and when it was it was done by her family or myself. My daughter has not had her medicine consistantly givin during her care either. She makes around 1200. per month.

I have decided to place the kids first and only contact her when in regards to the kids or urgent matters. I may have a note from the oldest sons teacher stating my wife has not been as available or committed to meeting my sons educational needs. I also have documentation of the kids tardies and absent days under her care in addition to notes and screenshots concerning her unmoral affiars and times out acting as a 19yr old with out responsibilty. Her friends, family, our kids and myself also notice that she is constantly neglecting her responsibillty around the house and to the kids due to being on her phone texting or computer. I can not prove this how ever due to her friends and family not be wiling to giv a written statement concerning her behavior.

6years ago we had a domestic violence case against me in which i completed a diversion plan and recieved a nole prosegue. This time around she hastily submitted a restraining order but failed to appear. She did not appear because she and her family knew it was lies and had no weight other than my emotional texts.

With all that is said do you feel I have a shot at being the primary gaurdian if not have full custody. I am worried that my childrens needs for quality time, education and health will not be fully met with her being unresponsible and involved in a new relationship. We currently share custody but I am really concerned about the fact I constantly have to remind her to give medicines, submit paperwork, attend to homework and pay bills ontime. I am also concerned with the fact that my kids will suffer as until I complete my AS i will not be able to provide the home they deserve other tha residing with my parents.

[Attorney Cheri Hobbs]

It is very important to realize that the court will award majority parental responsibility (no longer use primary or full custody language) to the parent that is most likely to facilitate an ongoing relationship between the other parent and children AND what is in the best interests of the children. It might not be relevant or material to your judge what Mom does on her free time but rather which parent makes an effort with school and homework etc. Florida courts will not take into consideration which parent had an affair or which parent has a new boyfriend/girlfriend during the separation or divorce (this is the norm but there are exceptions).

You need to continue to be there for the kids and instead of focusing on what Mom is not doing, rather collect information about what You are doing for the best interest of the children. Written statements from anyone are hearsay and will not be admissible. You will need people to testify in court.