My wife is considering a divorce and I am fighting against it. We used, to a while ago, have problems keeping it clean, but now it's clean, cluttered, but the major health issues are dealt with. But my mother-in-law is threating to take our son away, by full custody. Can she do that?
2007-01-14 10:13:45 · 9 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
No not unless there is some legally problem with either parent having custody. Then the courts will go to the next relatives willing and able to take custody. For example, both parents would have to be totally disabled and incapable of caring for the child or both are drug abusers/dealers, or child abusers for the court to award custody to someone else besides parents. So mil can threaten all she wants, the final decision is up to the judge not her. So unless there is some major untold problem above, I see no way shes going to be awarded custody. Good luck
2007-01-14 10:25:41 · answer #1 · answered by Arthur W 7 · 0⤊ 0⤋
Your mother-in-law would have to go through a lengthy and expensive custody battle to do it. My parents fought to have custody for my nephew because he was not enrolled in school and his mother left him with them. However, just about every state holds parental rights very very high. Even if your mother-in-law had been taking care of your children since birth and you were just coming into your children lives, she would have a very difficult time winning custody. At the most, she will win visitation rights. I would say the chances of her winning full custody from parents who are actively involved in their childrens' lives is slim.
2007-01-14 11:35:00 · answer #2 · answered by stampadhesive 2 · 0⤊ 0⤋
More and more courts today are listening to Grandparents. If the courts find the home unstable to live in they very well could award the Grandparent custody. Also, the courts are listening to the children in the home, if both parents continue to argue or abuse, the child can ask to be placed in a more secure environment, such as Grandma's house.
2007-01-14 10:39:09 · answer #3 · answered by sassywv 4 · 0⤊ 0⤋
properly i exchange into going to luckily make it easier to be responsive to confident until finally I study the top it form of feels considering he's not the organic and organic father he won't be able to purely brazenly take you yet what can happen is you have him and say your grandmother or the different elder blood relative that trumpet your confirm status including uncle take your mom to courtroom and teach those faults of parenting and win a sole custody of your brother now you your self can decide directly to stay with who you prefer. At a undeniable age the courtroom believes the baby is genuinely minded sufficient to %. which confirm to be with while proved and in spite of each thing is carried out your grandmother delivers the doorstep dad sole custody of you and your brother. a tip is to have sturdy evidence to hold up in courtroom so it won't drag out including sparkling audio video bruising and your brother to agree one hundred% reason maximum circumstances the youngest quickly after does not choose the mummy long gone and It ruins the case yet while all you reported is real you have a undeniable win
2016-10-19 23:41:38 · answer #4 · answered by ? 4 · 0⤊ 0⤋
yes actually she can....but can i give you a little advice...dont fight agiant the divorce...please....you see my parents are going through a divorce to...and my dad is agianst it...he is always calling my mom and crying and stuff and i know he is upset but it is putting the whole family through hell....why stay with someone who doesnt want to stay with you....i am sure you are a nice man and i am sure she isnt gonna be the last woman...make this easier for everyone and get the divorce done...maybe one day you and your wife can be friends...who knows...but i am a teen and i know what your son must be going through if he is about my age...do what you have to do to get your son though...if you dont have a job get one start looking for places to live...with good schools show them court people your a good father...cuz every little boy needs his daddy!!!!
good luck with the divorce!!!
2007-01-14 10:26:41 · answer #5 · answered by Anonymous · 0⤊ 0⤋
she can threaten all she wants.. but if there is not legal reason she will lose... the courts look at how clean the house it yes.. but it dont got to be spotless.. they also look at drugs and alcholo use..child abuse and negelect...is you wife against her mother having the child if not they may be in this together
2007-01-14 11:10:46 · answer #6 · answered by ? 5 · 0⤊ 0⤋
Only if she can prove that you and your wife are unfit parents and cannot take care of your son.
2007-01-14 10:27:14 · answer #7 · answered by Anonymous · 0⤊ 0⤋
maybe all you have to do is clean and throw away everything you can live without and u dont have to worry
its that easy
2007-01-14 10:26:20 · answer #8 · answered by megan 2 · 0⤊ 0⤋
Not unless both parents are unfit.
2007-01-14 10:26:50 · answer #9 · answered by mamabear 6 · 0⤊ 0⤋