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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34885
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have 2 son (8 and 16 months) my exwife is a gambler and I

Customer Question

I have 2 son (8 and 16 months) my exwife is a gambler and I don't know if she can look after them when she is in trouble with this habit!
My question is is there any chance that I could take care of them as a father?
Thank you.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is***** shall do my best to help you but I need some further information firstHow long have you been separated and who has the day to day care of the children at the moment?How does the gambling effect the care of the children
Customer: replied 2 years ago.
We are currently living at the same address but I'm going to move out soon.
She does it and she is good with it.
The problem is her gambling habit brings financial issues.she does not pay the pills etc.
Expert:  Clare replied 2 years ago.
But you are content with her actual care of them (at the moment)Ideally how would you like to share their care with her?
Customer: replied 2 years ago.
Well I'm not happy the way she is not responsible person and She will go deep at some point cos of her habit.I'm thinking to quit my job and become full time dad and she could see them anytime she likes or take them at the weekend.
I just want to make sure that they are in good hands.
Can I have the kids is it my right ?
Thank you.
Expert:  Clare replied 2 years ago.
When parents separate they are expected to agree between them how the children will share their time between them.Neither parent has more right to care for the children - the law is clear that a child is entitled to have a close personal relationship with them bothIf an agreement cannot be reached then either of you can apply to the court for a Child Arrangement Order deciding how the children's time will be shared between you.The fact that your ex has been the main carer until now will be the most influential issue and unless you can prove that her addiction will impact on the care of the chidlren it will not necessarily be seen as being relevant.It might be wiser to try and agree a shared care arrangement where the children spend a good part of each week with each of youThis will make it easier to take over their full time care if and when her financial incompetence impacts on the childrenI hope that this is of assistance - please ask if you need further detailsClare