[Tonya Baker]

:confused: I am getting a divorce, and my husband wants joint custody. We have talked to the children about this and they do not want to stay with him for a week at a time. He thinks that it is his right to have them half of the time. I don't really want to cause problems, so I wonder how hard should I fight this.

[ScottGem]

He's right, he is their father and has a right to equal time with them. You don't say how old the children are, but in a divorce hearing they voice might have weight.

By the way, joint legal custody just means an equal say in how they are raised. What he's asking for is joint physical custody where they spend half the time with him.

There are many factors involved in making such a decision. The age of the children, how far apart do you live, etc.

[lawanwadee]

Did your children say why they don't like to spend time with their dad? First, discuss this matter with your kids and find out why.. what happened, etc.

Children's age could be a major factor if they are old enough to talk for themselves and most of the time, the court listen.

[Fr_Chuck]

Also depending on the age of the children, in a divorce they are confused and sometimes wish to blame one or both parents and often take sides for a bit then latter regreat many things said.

I am a firm beleiver, a parent should not ever use the kids as a pawn in the divorce battle.

The honest fact as the other parent he has as much right to custody as the other parent does. Now if he was never there before, that may be an issue but an invovled parent should always be such

Perhaps working with mediation though court could help