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custody battle


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#1 acountryfreak

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Posted 19 December 2012 - 05:34 PM

My husband is going to be fighting for custody of his kids in Feb. That is when the trial starts. My husband and I are expecting a child together in June an I was wondering would this have any effect on the judges desicion on who to give custody to? Would the judge seperate siblings?

#2 Ted_from_Texas

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Posted 19 December 2012 - 06:50 PM

I doubt your pregnancy would have any effect whatsoever on the court's ruling, one way or the other. You can hardly say the siblings are being separated when one of them isn't even born yet.

#3 Guest_FindLaw_Amir_*

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Posted 20 December 2012 - 09:18 AM

In almost all situations, a court will keep one primary question in mind when deciding a custody case, namely, what is in the best interests of the child. To learn more about this subject matter, you may visit the Family Law Center and read Child Custody as a good resource. For further clarification on your specific matter, you may wish to consult with a local Child Custody Lawyer.

#4 pg1067

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Posted 20 December 2012 - 01:18 PM

My husband is going to be fighting for custody of his kids in Feb. That is when the trial starts. My husband and I are expecting a child together in June an I was wondering would this have any effect on the judges desicion on who to give custody to?


That he is having another child with you is a fact that the court should consider -- along with probably dozens of other facts -- in making its custody determination. Obviously specifics depend on the laws of the state (which you didn't mention) where the custody trial will take place.


Would the judge seperate siblings?


I'm not sure what you mean by this. You said that your "husband is going to be fighting for custody of his kids" (plural). If you're asking whether the court is likely to give custody or primary custody of some of those kids to your husband and some to their mother, in the abstract, the chances of that are relatively low. If you're asking whether the fact that, four months later, your husband may have another child who will be a half-sibling to his kids from a prior relationship or relationships is something that is likely to weigh heavily in your husband's favor in his custody trial, the answer is no. Since the child with whom you are pregnant is not even born yet, the notion of "separating" that child from its half-siblings makes no sense. The reason why courts generally will not split up (full) siblings is because they typically have developed a strong bond with each other. Obviously, your husband's kids have no bond at all with their not-yet-born half sibling.




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