I am in the middle of divorce, just wondering how to deal with child custody?

Question

The mother of the child is not capable enough to take care of the child. What are the practicable and workable formats so that child gets best from her biological parents

Answer 1

I would suggest asking her if the child could have placement with you and tell her she can see him/her during reasonable hours. It is best to have the situation worked out between each other. Also, try asking your child what they prefer because it is best when they are include in the situation.

Answer 2

What Do you mean by not capable? Not capable as in she does not have a job, or not capable as in she's a drug addict,or she more into parties or she just not capable in your eyes. The law will give you hell if you don't have some type of proof for not capable if the child is over 12 years old and wants to live with you you might be OK. If not I would go for joint custody with visitation on the weekend and alternating holidays. I would also ask for the child over the spring and summer break Good luck!!!!!

Answer 3

I would make sure you are the CUSTODIAL PARENT, in my state those are the key words. I suggest you get advise from an attorney, without evidence she is not capable of taking care of a child you can not stop her from spending time with her child and would you really want too? If you have the evidence she is not capable of taking care of a child, be it mental, drugs, alchol, and or but not limited to being in jail. I would ask for supervised visits with a social worker. I also suggest you have a evaluation done to see who is the best suited parent in the courts eyes as well. Then it is documented by the state. Just best to make sure you let someone else make the decision she is not capable of taking care of the child. As in later years it will not be held against you. Children tend to hold things against parents later down the road as life throws them curve balls. SO try your best to see someone else states she is not capable of taking care of the child so it was not you !
Best of luck to you

Answer 4

You did not say whether you are the biological father of the child or not. Anyway, what would be the best for the child is joint custody so that the child can get the best from her parents.

Answer 5

If the mother is not capable of careing for the child, you have no choice but to go for full custody. Supervised visits could be ok and maybe good for the child depending on your circumstances. If you don't have your own lawyer get one and now.

Answer 6

50/50 custody is sometimes a workable solution. You get the child for half the year the ex gets the child for half the year. The only way you could get full custody is if you could prove her unfit in court.

Answer 7

It really depends on what you mean by not capable but full physical and joint legal custody means the child lives with you but you both have a say in making important decisions. Depending on how well you prove the mother to be "not capable" will determine her visitation rights.

Answer 8

Good luck you have a long hard road ahead of you and you need a GOOD lawyer. My boyfriend's ex is such a bad mother, her kids have had lice for the entire 6 years we have been together, they have had worms, serious skin infections that have scar'd their bodies, and they are constantly sick. Not to mention they live in a shipping container, made into a so called house, with no bathroom. She has six kids living like that with a husband who beats the **** out of her and these kids. Hell he has even been arrested for it. Child Protective Services, The police and even the courts still see it fit to let her keep the kids. This is the real truth. Good Luck

Answer 9

I hate to say it but as long as the parents do not sign over any rights to the children there is almost no way to get the children. I deal with a lot of unfit parents but courts do not like to split up familys unless the children are in danger and if that is the case you should really call the authorities, but even then they may go into foster care.

Answer 10

Whatever you do don't give up your 'physical' or 'legal' custody to a person incapable of caring for a child. Don't give up or in on the children is the only answer I really have.