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Jennifer Lopez Will Get Primary Custody Of Twins Unless Found Unfit, Says Top Divorce Attorney!

Wed, August 3, 2011 2:52pm EDT by Chloe Melas 1 Comment

J.Lo is reportedly seeking full custody of her 3-year-old twins, but an attorney reveals it’s not going to be an easy battle if this goes to court!

Jennifer Lopez better think long and hard before subjecting herself to a potentially grueling custody battle with her soon-to-be ex-husband Marc Anthony. spoke with Vikki Ziegler, one of the nation’s top divorce attorneys and she tells us that while Jennifer has a “good chance” of getting primary custody, it will be a difficult fight.

“The presumption in many states … is that unless the mother is unfit, she will be the parent of primary residence and the father the alternate residence,” Vikki says, although she adds that is changing. “But the court is going to look at the best interest of the children — there are a lot of factors involved.”

Although the couple claimed to have “come to an amicable conclusion on all matters” in their July 15 statement — new reports in Us Weekly claim Marc hasn’t seen the twins since the couple split in mid-July. J.Lo is in Atlanta shooting What To Expect When You’re Expecting, and they’ve been with her in New York and Miami, too.

“The court will look at whose schedule will allow them to spend the most time with the kids,” says Vikki.

But if J.Lo and Marc are unable to come to a custody agreement privately, a judge will order them to be evaluated by experts to help determine custody.

“A forensic psychologist or psychiatrist would have to determine who is the better parent,” Vikki says. “The experts will determine who the children are most bonded to, and who they spend the most time with. They take into consideration who bathes them, feeds them. They’ll even find out who takes the children to the pediatrician. This will be the decision maker and the judge will rely on expert testimony.”

The judge could ultimately give Jennifer and Marc joint custody and they’d have to create schedules for Max and Emme.

“They could do 50/50 custody or blocks of time,” Vikki says. “But they’ll have to create schedules that accompany their work schedules.”

J.Lo and Marc have raised the twins in New York but reports claim Jennifer is looking to move back to LA. Vikki tells us that although Jennifer would be uprooting her children, it ultimately wouldn’t weigh too heavily on the judge’s custody decision.

“Now they’re too young to be in school so it wouldn’t matter where they lived and the judge wouldn’t necessarily keep Jennifer from moving with them,” she says. “But once they get into school the custody schedule could change again.”

Marc has two children Cristian, 10, and Ryan, 8, from his previous marriage with Dayanara Torres, and he reportedly doesn’t see them often. This could sadly work in J.Lo’s favor, because Vikki adds that a “judge will look at how he spends time with the children from his other relationships.”

— Chloe Melas

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