My brother's girlfriend just left him and took their baby with her. She is living with her parents now and doesn't have a job. My brother is going to file for full custody. He has his own home, a full time job, and his mother is willing to watch the baby while he's working. How hard will it be to prove her unfit with just those circumstances? There is plenty more to get her on (depression, bi-polar, sucidal tendencies, she's abusive to my brother, her mother is abusive to my brohter, her parents home that she is staying in is also the home where her crack head brothe lives), but I just want to know if he could prove her unfit with her not having her own home or a job? ANY useful advice would be greatly appreciated. He doesn't know what to do. He is going to get a lawyer tomorrow.
2006-10-01 17:55:26 · 7 answers · asked by daughtry_fan 2 in Family & Relationships ➔ Other - Family & Relationships
There's a law on child custody which favors custody to the mother if the child is 6 years old and below.
The condition you stated doesn't contain any basis for the mother to be seen as unfit. More so, your brother is not married to his baby's mother. In fact if this case would be brought to court, I'm sure the court would demand child support from your brother as one of the arrangements, including terms on visiting rights.
2006-10-01 18:01:30 · answer #1 · answered by Solomon Grundy 3 · 0⤊ 0⤋
Just because she is not working and living with her parents does not make her an unfit mother. Being bipolar does not make anyone unfit. I think his best bet would be to try for joint custody. If he can prove she is abusive and that he fears for the child that will help. Tell him to go and make sure he is paying child support. It will go a long way to show he is a good dad if she does not have to file for support herself. Make sure he gets a lawyer that specializes in family law particularly in fathers rights.
2006-10-01 18:02:50 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If there is evidence in the home where the child is of all of the issues you stated, then she might be proved unfit, but the father of the child needs to be able to fully provide for the child including a regular day care and medical insurance not provided by his mother, but by an actual prepaid daycare. He has to be able to prove that he can succeed on his own where she needs help from her all too screwed up family.
2006-10-01 18:05:13 · answer #3 · answered by ? 6 · 0⤊ 0⤋
yea ur brother needs 2 get full custody of his baby and tell da lawyer everything bout her and that is an unfit mother and she dont even want 2 go look 4 a damn job and ur family stays in a creck house that is bad 2 be having a baby in da situation.
2006-10-01 17:59:29 · answer #4 · answered by Anonymous · 0⤊ 0⤋
It actually depends on your state. Get familiar with the family court laws. Generally, the person with whom the child currently lives will get the baby unless you or he can prove that there is abuse, neglect, or drug addiction in play.
2006-10-01 17:58:01 · answer #5 · answered by Starry 4 · 0⤊ 0⤋
Does not sound like an unfit mother to me...
2006-10-01 17:56:59 · answer #6 · answered by Anonymous · 0⤊ 1⤋
i don't think so...when you say unfit to raise a baby: besides unemployed, she should be living in a 'messy' surrounding and has bad family background
2006-10-01 18:00:54 · answer #7 · answered by harukashin 2 · 0⤊ 0⤋