How hard would it to take custody of your child if a mother has been charged with vehicular homicide?

Question

The homicide was the mother allowed our 10 yr old son to ride in the backseat without a restraint and hang out the window. She ran off the road throwing him out of the vehicle killing him instantly also she was on under the influence of prescription drugs for pain

Answer 1

I am so sorry to hear about the loss of your 10 year old.
I am assuming you have separated from your wife, and thats why you are seeking custody.
Is your wife in jail?
I dont think it would be terribly hard to get custody, considering the circumstances.
Just keep in mind, your wife lost her son too you know, and she must be feeling terrible about it, so please, dont take her other child completely out of her life, she will feel as though she has lost BOTH kids.
You seem like a responsible parent, and I cant see why you wouldnt get custody.
Good luck.

Answer 2

sorry to hear your son died, she has been charged but not found guilty, until then she is still a fit mother unless you can get her to agree to give you the children on her on. my thoughts from watching lots of court tv.

Answer 3

So what child needs a guardian? I thought the child died in an accident. I am sorry but i need more info.