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5. My daughter has been living with my husband since I separated from him two years ago. How likely is that I will be granted custody of my daughter if I apply for a divorce now?

As said, it is essential to maintain the status quo of a child so as to avoid disruption of the familiar life of a child. If a child has already settled well with one of the parents and is used to and happy with his/her surroundings and lifestyle, the Court is unlikely to consider taking the child away from that parent unless there are other compelling reasons.

 

Therefore you are unlikely to be granted custody of your daughter in this circumstance unless you can present other compelling reasons. However, you may have generous access to (i.e. to see) your child as approved by the Court.

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