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michael holly
michael holly, Family Solicitor
Category: Family Law
Satisfied Customers: 6933
Experience:  BA Hons degree Law , Solicitors finals, 20 years experience, trained family law mediator.
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Hello my question is Im a mother of two beautiful boys both

Customer Question

Hello my question is
Im a mother of two beautiful boys both 6 & 8 Yrs old, I have been married for 10yrs to the boys father but the marriage broke down really some 6yrs ago after my second son was born, he would go away for a yr yachting go on holidays without telling the boys where he was going, He is drunk I would say 70% of the week. I have met someone and have been having an affair since June 2012 my husband now knows about the affair and has said he wants a divorce which im ok about but he has said he will fight for full custody of the boys & take them away from me, He is a very wealthy man, What are his chances of winning and taking my boys from me.
I own a Farm which is in my name, I take my boys to school,pick them up, Take them to all their activities ie Cubs/Rugby/canoing/Karate.My boys are my world and I love them more than life. Does he have a chance of full custody or am I going to keep my boys.
Please help me.
Submitted: 4 years ago.
Category: Family Law
Expert:  michael holly replied 4 years ago.

I suspect that this is an empty threat anyway as most fathers would not know what to do with their children if they had them full time and also know that the children are better off with Mum.

However to answer your question the courts are more even handed now and as such fathers can get custody (residence).

What is important to the court is that the children have a safe, secure nurturing environment so it is not a question of money but who can provide that.Money can be dealt with by way of maintenance and other financial provision from the matrimonial assets. In addition the court knows that bringing up children is hard work.The needs of the childen have to be catered for, someone has to get them up, give them breakfast , get them ready for school etc, etc and hiring someone to do it is not considered a good substitute.The fact you had an affair does not count against you as a parent, the courts are aware that an affair can be a consequence as well as a cause of marriage breakdown.As such you have an extremely good chance of success.

I hope this helps. If there are any further points please reply

Best wishes

Yours sincerely