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Getting custody due to other parent being unstable?

happymostly's picture
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and by unstable I dont mean being an alcoholic or a druggie. I mean by constantly moving in a short period of time, yanking the child out of school and putting them into another one. Child having several tardies/absences. Living with multiple B/Fs in a short time span (and its in the Court Order to not live with a SO unless they are married).

I know getting custody due to these circumstances 'can be done' but how hard is it? I know it seems to be pretty hard to get physical custody of a child from the custodial parent unless that person is an alcoholic/druggie, or if the parent just abandons the child.

So if you have any stories feel free to share them!

reeny511's picture

good luck! I am in the same situation with SD's BM. She cant keep a job, is sleeping on a friend's couch right now, SD lives with us and we STILL pay for child support. Why??? because we would LOSE in court if we went back!! That's just the way it is. BM is getting an apt. soon and SD will move back in with her but it wont be long before she gets evicted AGAIN. She was evicted twice last year. It just makes me sick!

happymostly's picture

That sucks. If I was your dh, I would try to file a modification on custody based on the fact that its become status quo that sd resides with you guys, but I think usually 'status quo' is considered to be a period of 6 months or longer, so I dont know if that would work in yalls case.

somerg's picture

my neice's mom used to do that, there was absolutely nothing we could do about it because "the child had a roof over their head".

as far as the 'living in fornication' i wouldn't press that issue either because, as long as no paper trails, all she would have to do is kick the man out for time being, then allow him back in when it's all over with, or get married....

RaeRae's picture

It will never hurt to try. The worst thing they can do is tell you 'no'. Don't be afraid to fight for a child through the court.

MadeMyBed's picture

It doesnt hurt to try but it is very expensive. We have been down that road with a completely blind judge who loves mommies. Didnt work.

Anon2009's picture

I think you have to be very careful in regards to BM's living with her partners and I think telling someone they can't live with a partner is a bad idea (unless the partner is abusing SD).
About her yanking SD out of school frequently, document, document, document. Talk to an attorney who knows a lot oabout fathers rights.

EricsGirl007's picture

My boyfriend and I got sole custody of his 10 yr old son because his mom was a druggie. Last year he missed 34 days of school with her, and thats not counting the days he went in late. We had to hire a private investigator, which was expensive but well worth it. There was a court order in place stating that SS was not to be in the presence of BM's current BF who is a registered sex offender. The PI got pictures of them all together in many different situations, and even pictures of BM letting SS walk to the park alone...again he is only 10 and they live in a terrible neighborhood....it is definitely possible...sometimes it just takes some work GOOD LUCK!!