my friend has a newborn son and wants to get sole custody of him. The mother isn't neccessarily unfit but is going through ppd and refuses any help and he feels we would be better off with him. what dos he need to do to gain custody?
2007-03-12 04:59:00 · 6 answers · asked by Beth B 1 in Politics & Government ➔ Law & Ethics
It is very difficult to get sole physical and legal custody of a child unless we are talking about extreme problems with one parent. The policy of the law is to keep the children in contact with both parents as much as possible.
However, if the mother is thwarting the father's efforts to have any contact, he certainly needs to take this to court. The father is entitled to visit with this child. Since the child is very young, though, he will need more time with the mother, since there are certain things father just cannot do (like breastfeed).
2007-03-12 06:12:08 · answer #1 · answered by EthanHunt 3 · 0⤊ 0⤋
This is a long drawn out process. He first needs to get a lawyer who handles paternity issues or seek state help. He will probably not get sole custody, that is extremely rare. Both biological parents have rights, and circumstances would have to be pretty darn dire on one side for the court to award sole custody to the other parent. He can probably gain primary costody and have the child stay with him, provided he can prove a good reason for the court to award that. The mother is typically favord over the father. Post Partum Depression is not a compelling enough reason even with medical support showing the mother could be or is dangerous.
2007-03-12 05:09:41 · answer #2 · answered by Sane 6 · 1⤊ 0⤋
wow..tough question - it is very difficult to get full custody of a child, and it seems courts are more willing to give it to the female...from what I've seen lately tho, judges are more apt to give 50/50 custody, dividing it amongst the two parents. Im not sure if PPD is something they would just give custody to the other parent, the court make force her to get help b/f they make any decisions on custody.
good luck
2007-03-12 05:04:59 · answer #3 · answered by Anonymous · 0⤊ 0⤋
He must get a lawyer, prove the mother is unfit and fight it out in court. Unless the mother is a drug addict, pot head, living in squalor, abusing the child, it will be a losing fight.
Tell him to save his money, pay child support, have regular visitation with the child and stay involved in the childs life.
You have no legal say in this matter. It is between the father and mother of the child only.
2007-03-12 05:15:19 · answer #4 · answered by Anonymous · 1⤊ 0⤋
What state are you in? For ex, it is almost impossible in NYS for a father to gain sole custody.
2007-03-12 05:04:01 · answer #5 · answered by Anonymous · 0⤊ 0⤋
First he must have a good job and show that he can take care of him, medical, dental, child care, etc.. Then he's going to have to hire a lawyer, lots of money, and fight her with everything he's got! I think it can be done if he's consistant and has money to put out there!
2007-03-12 05:08:54 · answer #6 · answered by freekin 5 · 1⤊ 0⤋