if a mother has lost custody of a child, does she have to prove the father unfit to regain custody?

Question

during a divorce, the father wins custody of his 5 year old son. the mother was proven an unfit parent by the courts. two years later, she wants custody back. her life is still very unstable. she moves to different men's houses about every two months. does she have to prove the father an unfit parent in order to regain custody?

Answer 1

She'll never regain custody of her son under the circumstances.Until she is stable and proves it the courts will never help her.It won't happen overnight either.
If she truly wants her child back she had better take stock of what she is doing and turn her life around. Why would she want to move her child every few months anyway and gosh knows what else she'd subject him to.If anyone is an unfit parent sounds to me like it's her.
I'm sure the poor child must be better off where he is but if she thinks he is being abused or not taken care of properly she can call C.P.S. and have them look into it.
I feel so very sorry for this little child and pray that God will protect him and keep him safe. He certainly is having a rough start to life.

Answer 2

First of all, she needs to get her life straight. If she proves the father unfit, and the court still considers her unfit, the child will end up in state custody. She needs to find a good, steady job, a place of her own, even if it's gov't subsidized housing, and prove she is fit to take care of the child. Income-based housing is sometimes needed, and it's there for people who are either in between jobs, or in need of a place to live with little income.

Answer 3

before she starts pointing her finger saying he's unfit,she better have her life together, because if she don't then the dad will lose custody,(if found guilty),and the courts will put the child in foster care,and once that happens it's hard to get the child out of the system.then they might even wind up in an abusive foster care home,where god only knows what is going on,so make sure she's prepared for any of that before notifying the courts about this, especially if the accusations are fraudulant (because she wants to get even for losing custody of him in the first place)i wish her the best.just do the right thing for her son..

Answer 4

Doesn't sound to me like she deserves to regain custody. Unless the father is totally unfit or worse than the mother...he should stay where he is and the mother needs to work on getting her life back in order....first for herself and then she can start to worry about getting the child back.

Answer 5

I think that she would have to worry about herself and how stable she is "or fit" in this case. If she is constantly moving the courts aren't going to find that to be stable at all. Maybe she could try to get herself established somewhere on her own without the men involved and then she could start with some extra visitation and then work her way to custody again.

Answer 6

The child should stay with the most fit and stable parent. if the mother thinks that she is fit and stable enough to take care of the child, she should try to regain custody. If she feels that maybe she isn't that fit, she should let the father, if he is stable, to have custody.

Answer 7

No, in order for her to regain custody she has to prove that she is now fit to do so.
Discrediting or attempting to discredit can back fire.

The burden of proof is on her, as she was the unfit parent not him.

Answer 8

There apparently is no question of the father's stability and fitness as a parent. The mother is the parent in question regarding fitness and stability. If what you have stated is true and can be proved the judge will not consider anything more than occasional supervised visitation.

Answer 9

Each state has different sets of rules, so get a lawyer who works in the state of divorce, they can tell you where to start.
The mother need to get her self stable for some period of time(see lawyer for details), also the father may grant some unofficial custody privileges which may later be used to help show fitness.

Answer 10

if she continues to live an unstable life, she will never gain custody of the kids. She has to prove herself "right" first before proving him wrong. Once she gets herself together, she should file for joint custody.