My boyfriend is still legally married, but he and the wife have been living separate lives for 3 years now. He is afraid to file for a divorce since she has already expressed hostility towards the idea, threatening to restrict his access to the children (aged 7 and 11), her unofficial reason being, "If I can't have you, nobody else can have you."
He has always provided for his family well and was always a good father. When the marriage started crumbling, however, he was frequently away for work, leaving her with the kids, and he had issues with philandering and drugs at some point. He got clean 2 years ago and is now a very healthy, hands-on father. The children have been living with him since and are having the time of their lives. The wife lives nearby, takes the children once in a while, and seems happy with the setup.
If he files for divorce, how likely is it that the wife will be granted custody of children? I would think the family court would consider the fact that the kids are happily living with him as a significant factor in maintaining status quo after the divorce, but my boyfriend seems to think otherwise.
Can the wife use his troubled past against him in family court? If she is granted custody of children, can she really restrict his access to them? My boyfriend's main concern is she will make it difficult for him to spend time with the kids.
He has always provided for his family well and was always a good father. When the marriage started crumbling, however, he was frequently away for work, leaving her with the kids, and he had issues with philandering and drugs at some point. He got clean 2 years ago and is now a very healthy, hands-on father. The children have been living with him since and are having the time of their lives. The wife lives nearby, takes the children once in a while, and seems happy with the setup.
If he files for divorce, how likely is it that the wife will be granted custody of children? I would think the family court would consider the fact that the kids are happily living with him as a significant factor in maintaining status quo after the divorce, but my boyfriend seems to think otherwise.
Can the wife use his troubled past against him in family court? If she is granted custody of children, can she really restrict his access to them? My boyfriend's main concern is she will make it difficult for him to spend time with the kids.