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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12195
Experience:  30 years as a practising solicitor.
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My partner and I would like to fight for custody of his two

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My partner and I would like to fight for custody of his two girls aged 10 and 12. Their mother has a history of erratic behaviour, violence to her partners (not her children), is often absent for over 5 hours at a time leaving the 12 yr old on her own in the house, has picked up her girls in her car after drinking and restricts the time they can talk to their father.
Where do we stand legally? Are we going to end up in a legal nightmare? Will the courts favour her because the girls have been in her care for the last 3 years (their father getting access every other weekend)? We are so worried about their welfare and feel as though the law is against us. Any advice gratefully received.
Thank you for your question.

Assuming you can prove the allegations made of neglect and drink driving with the children in the car your partner has stateable grounds for going to court and asking that the court makes a residence order in his favour.

It would have to be established that the best interests of the children favour a residence order in favour of your partner and the court would in all likelihood order a report on family background and hear evidence from relevant witnesses. Given the age of the children they would also be asked for their views.

Your first step is to see your solicitor and provide a statement as to your position.

I hope this helps. Please leave a positive response so that I am credited for my time.
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