First , me and the (2) kids mother live together . We both do not want to be with each other . We have a age difference of 11 years and communication is a big issue . I know if we do live at a separate residence that I would have many more problems with her based on decisions she makes . It has happened before . ( false statement claiming assault ) She does not work , I have did majority of the work. I just want to go for child custody and be done with it . My question is this , if she has forfited rights of a special needs child (not mine) , would a judge grand custody of 2 kids to her ? And , if we ourself agreed on custody and had it written what are some things that I can do to make it legal ?