and the mother remarries but the dad does not, and the dad won custody from the divorce, that a few years later the mother can claim responsibility because she is married and win custody of the children away from the dad?
2006-06-30 20:28:39 · 20 answers · asked by jamesarth1963 2 in Pregnancy & Parenting ➔ Parenting
I won custody because the mother was mentally unstable, and she ran off to be with another man. that is abandonment. she also abused them before she left.
2006-06-30 20:33:13 · update #1
Not necessarily. The courts won't automatically put children in the custody of a parent just because they are married and the other is not. They will look at what the best interests of the children are. If they gave the father custody in the divorce, there must have been a reason why they didn't give it to the mom (and I'm sure it wasn't because she was single). Either way, the mom would have to take the case back to court and ask for custody...it would be messy and not good for the kids...if the mom shows the court any reason why she would be better suited to care for the kids, they may give joint custody...but I believe they'd have to have something seriously wrong with the way dad was raising in order for them to just shuttle the kids off to mom's.
2006-06-30 20:33:56 · answer #1 · answered by sosassy70 3 · 1⤊ 0⤋
I don't think it's that cut and dry. If the dad already has custody and he is a good parent and the child is happy I don't know that a judge would just uproot the child and give the child back to the mother. The judge might opt to instead amend the custody agreement and give more visitation. The only way to know for sure would be to talk to a lawyer and see what could be done and/or take it to court.
Just because the wife remarried doesn't mean that she would be a better parent. The wife would be bringing a child whom she hasn't been raising under her care - with a man that she married (many times step dads have big issues with their step kids). If the child has been with the dad and is happy then it might be prudent to just request more visitation.
2006-06-30 20:32:30 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Is it even possible just to reopen the case like that in the first place? If the father has full custody what gives the mother the right to just try and win the child back just because shes married. And I think it depends on the age of the child as well... I believe. Depending on the age of the child the child will decide where they wanna go. Atleast thats how it was for me, but it was different... no parents just guardians.
2006-06-30 21:53:26 · answer #3 · answered by Quin 2 · 0⤊ 0⤋
Nothing can stop her from trying in a court, but I would suspect it would require establishing a valid reason for taking them away from you. It's a bit unusual the man got the full custody, so it would seem there was a reason for that. She may have to overcome that reason. Also, a lot may depend on what the kids want...assuming they are at an age to make such a choice. The fact she is simply married should not be reason in itself.
2006-06-30 20:37:30 · answer #4 · answered by Dale P 6 · 0⤊ 0⤋
Married or not, the court will decided what is best for the children. With each time you go to court, and each time you retains custody, the chances of the other parent gaining custody go down a little.
2006-07-02 12:12:29 · answer #5 · answered by Anonymous · 0⤊ 0⤋
If the father won custody, unless the mother can prove the father to be unfit, the children normally still are under the father's custody.
2006-06-30 20:32:16 · answer #6 · answered by ~Katie~ 5 · 0⤊ 0⤋
No you are wrong, usually the mom keeps custody, if she lost it she is probably an unfit mother. They will do what is in the best intrest of the child (ren), and if they didn't think the mom should have them before she is going to have a hard time.
2006-06-30 20:32:47 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Why was the mother so bad in the first place not to win custody..
2006-06-30 20:31:31 · answer #8 · answered by Dream on 2 · 0⤊ 0⤋
It would depend on the reason the dad got custody in the first place.
2006-06-30 20:31:25 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Well it is very difficult. If the children are very young, they must stay with the mother, but if she is not fitted, economical, morally ot mentally, no. Much later they can stay with the father, but Do you will take care of them? Will you give then guide enough to be an emotional balanced people?
2006-07-01 00:11:04 · answer #10 · answered by gonzalo urquiza 2 · 0⤊ 0⤋