What Angelina Jolie's Divorce Filing From Brad Pitt Means: Behind Her Request for Physical Custody of Their Children

Actress asks for full physical custody of all six kids

By Kendall Fisher Sep 20, 2016 6:15 PMTags

Angelina Jolie filed for divorce from Brad Pitt on Monday, citing irreconcilable differences and asking for physical custody of their six children: MaddoxPaxZaharaShiloh, and twins Knox and Viviennne.

E! News spoke with attorney Troy Slaten who said the fact that Angelina is asking for sole physical custody could "mean [Angelina] thinks that [Brad] is doing something that is endangering her children."

He continued, explaining, "In order for the court to grant a request like that—giving one parent sole physical custody—the judge has to have clear and convincing evidence. It's a standard that's in between preponderance of the evidence and beyond a reasonable doubt that that is what's in the best interest of the children."

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Though the court documents do not state why she's asking for physical custody, Angelina's manager, Geyer Kosinskitold E! News, "Angelina will always do what's in the best interest of taking care of her family. She appreciates everyone's understanding of their need for privacy at this time."

As for the physical custody battle, Slaten explains Brad would "have a court order that determines what his visitation will be," unless the parties can agree on visitation themselves.

"[Since] this is a lawsuit, either the judge can decide or the parties can settle," Slaten added. "The overriding concern is what's best for the children. If it's best not to pull away from this father figure, that's what the court will determine. Courts are not immune to the idea of parental alienation."

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When it comes to the couple's finances, Slaten says it will be treated the same as any marriage.

"They've only been married two years, which would mean the community estate is very small," he said. "[Since] California is a community property state, anything earned or acquired during the marriage is split 50/50. Everything you earn and everything you owe is split down the middle."

For this reason, Slaten says the financial settlement shouldn't be as difficult to unwind. Rather, this biggest concern is their children.

"It looks like this a very serious conflict about what's in the best interest of the children," he explained.