Trying to get primary/sole custody

[djwhite]

Wondering what anyone thinks.  My ex-wife and I share joint custody, she is the primary custodial and I am the non-custodial parent, been divorced 9 years.  For the last 4 years, she and my kids have lived her parents, she has not held any permanent employment except off and on in her father's business, and her parents have helped her support our kids.  My regular visitation was the every other weekend routine.  Since May of last year, to satisify school district residency requirements, my kids have been alternating ever other week between me and their mother.  I have continued to pay my full child support PLUS support them two weeks a month when they are with me.   In Feb. of this year, my ex's  father fired her from his business, kicked her out of the house and changed the locks, and the kids stayed with my ex's parents.  They had caught my ex stealing from them to pay for her drug habit (crack cocaine).  Her father told me all of this and said I needed to get my support payments stopped and look out for the welfare of my kids.  I immediately went to my lawyer and filed a motion for sole custody.  My ex recently completed a 21-day drug rehab program, is back living with her parents, and is waitressing two nights a week in a bar.  I am getting strong indications that her parents are now changing their feeling about my getting custody.  My kids, who are 15 and 13, are saying they do not want to live with their mom if she gets a place of their own, they'd rather live with me and she would have visitation.  In my motion I am asking for full custody, granting one day each weekend for her visitation, and child support from her.  The court date isn't until mid-July, 4 long months for her to show she is getting her life together.  I am glad she is trying to get her life together, but I am no longer willing to take any chances with my kids lives.  So....... anyone been in a situation like this or have any ideas?  Basically, what do you think my chances are?

[bluesman]

What state are you in? It can make all the difference in the world.

[djwhite]

I am in Missouri........

[bluesman]

You having a lawyer will help, IF, and that's a big if, he/she is good. I'll assume he/she knows Missouri law and can tell you legally what you're dealing with. But I can't stress enough how important it is that your lawyer is good. I learned the hard way. A lawyer needs to be aggressive and willing to fight for you every step of the way.

Your chances depend on so many things its hard to say. You can get an idea by asking your lawyer about the specific laws that apply to your case. Based on just the facts you wrote in your post any reasonable person would think your kids would be better off with you. My experience tells me that even though it may seem straight forward you can never sit back and assume things will go your way. Prepare as hard as you would if you felt everything was against you. Document everything you can and gather as much evidence as you can. Lastly, help your attorney by researching your case yourself.