I'm going thru a divorce..we have 3 kids and when I left him I moved back to where we lived previously. We have our trial date in October, he wants split custody which I would have to move back to do...I was told I would have to prove why he shouldn't have it...my question is how do I do that?
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Too open ended of a question. The court will decide the case based upon the overall best interests of the children.
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These issues are complicated and very fact intensive. The Court will look at background and customary routine and involvement in the lives of the children, the current needs of the children, whether one parent has been convicted of domestic violence or abuse, the age of the children, how long you have lived in the community that you are currently in, etc.
I would suggest at least a sit down in person meeting with a local attorney.
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Well, why shouldn't he have it? You're the mother; you know a lot more about your children than we do. Why would your kids have a better life with you than spending half their lives with their father? Can he take care of them? Does he work 18 hour days? Does he neglect them? Has he beaten them? Does he do drugs? Does his new girlfriend have DCF cases against her? You'll have to provide the reasons. Also, if you've moved more than 50 miles away, you could be in violation of Florida law, so you may want to speak to a lawyer.
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