Under what circumstances can a child be placed with the parent she's not living?

Question

They have joint custody. The father is by far the better parent, but the child was placed with the mother because that is what is typically done. The father has a more stable home - stable income, better parenting styles, actually teaches hygiene, etc. We've tried for full custody, but the social worker didn't want to split the child from her half-sister that she lived with (though, she stated the father was the better parent). Her mother complains about the burden she is, so we're wondering if we should give another custody battle a go.

fyi.. I'm the stepmom.

Answer 1

The only option is another custody battle. I feel for you my brother went through the EXACT same thing. I think the only difference is that my nephews mom was a stripper and the judge WAS NOT happy to hear that she was a stripper and leaving the kids with a sitter all night instead of allowing my brother to keep his son while she stripped. Although he did get full custody over him we all feel that the only reason he did is because she didn't show up to the hearing. He was first granted temporary full custody and was told that the full custody would be held for 6 months to see if she filed for visitation rights he never did so he was granted full custody.

Answer 2

Document everything that happens with the mother, the child and the father. The school events, bad hygenie, the instablity of the mother, etc. Be very specific with each incident. Take the journal to court with you. If the mother says the child is a burden ask the mother to sign over custodial parent rights without giving up joint custody. If she says yes get her to put it in writing. Sometimes if the child is old enough she can chose who she lives with.

Answer 3

I would definately try for full custody again. Maybe try talking to the mother syaing you aren't trying to be rude or anything, but you see she has her hands full and you just want to offer the child a better life. Or she if the mother will give it a trial run for a cople of months to see how the child likes it, and then asks the child her opinion. That way it could be brought up into a court hearing.

Answer 4

Do whatever you think is in the best intrest of the child. If the mother has stated that she is a burden then offer joint custody and if that doesn't work then go for full custody.

Answer 5

It would take an act of God to take the child from the mother.
Neglect is the only thing I can think of and it is hard to prove.
If the mother is complaining , maybe she will give him the child.
But there is a saying , where there is will there is always hope.

Answer 6

You should sit down with a lawyer and discuss. The lawyer can tell you if it is even possible (Washington for example sets a very high bar for modifying custody), what your chances are for success and what kind of costs may be involved. Custody cases can easily run in to the tens of thousands of dollars.

Answer 7

Here in Canada, it's usually if there is physical, sexual or extreme neglect and emotional abuse. Wealth, stability and home life are also important. However, there are many instances of children being placed with the mother when the father is the better parent.

Answer 8

Yes - take the situation back to court, and prove to the judge the father is a better parent. I know a couple kids that live with their dads because of this.

Answer 9

yea