Go see a lawyer
It is very hard...you have to prove her unfit
What all that entails I do not know
drugs...not taking care of child...abuse
Go see a lawyer
be cool...
2007-04-16 03:20:40
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answer #1
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answered by CC Babydoll 6
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The first question you need to ask yourself is, 'Do I want custody because it's in our childrens best welfare or is it to hurt her?' I went through a messy divorce and custody battle and it hurt so badly to think I could loose my babies. After one of the hearings I asked my ex why he was doing this and he said, 'Does it hurt you?' of course I said, 'Yes.' He said 'There's your answer. Besides I would sooner die then pay you child support.' Needles to say these intentions are far from honorable and had nothing to do with the children. This process hurt the children badly and it's been 12 years now but because he's still very vindictive my children are still suffering. Do your children a favor and make this as amicable as possible and never bad mouth thier mother. That's very painful for them. The two of you need to talk about how to do this without involving the children and too much animosity towards each other. The kids can feel more than we give them credit for and unfortunately they internalize and and think it's somehow their fault.
Now. In most states the courts almost always give the mothers custody. Although it's not what you might call 'full custody'. You two would have shared custody. They try to work it out to were you both have the children almost an equal amount of time each year. This is what's best for the children. They only way you can take them from her is if you can PROVE abuse or neglect. If you can't prove one of these then don't try. You'll just waste a lot of time and money.
I'm asuming the two of you love these children more than you dislike each other. So please talk to each other and try to work this in and a good way. These children deserve no less. Good luck! Feel free to e-mail me if you have any questions.
2007-04-16 03:36:49
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answer #2
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answered by Angel D. 2
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My son was just awarded full custody of his daughter. She was placed with him a year ago when the mother lost all 3 of her children. The two other kids had a different father. The mother drank every day....and left the kids with her 16 year old sister for a couple of days. A neighbor called the police. The kids were removed immediately until DCF could investigate. The mother did not comply with the courts demands...parenting classes...drug and alcohol classes etc. The courts do favor the kids being with the mom....unless the Mom proves her inabilities to care for the kids. It didn't cost my son a dime as a lawyer was assigned to him on the very first court date. It was a long year...but the kids won out and are now with their fathers. Each state has their own rules but overall the courts do what is best for the children. If you have any proof that the Mom is doing something wrong....make a call to the local DCF office...They will take it from there. I wish you the best of luck. Children deserve the best!!
2007-04-16 03:41:33
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answer #3
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answered by Lori 2
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Sounds like she already has custody - this is nothing new. Sounds like you want to find out how to take them from their mother because you are not providing any examples of what she does wrong. Do you resent having to support them financially? Because that will NOT get you custody. Leave them alone and be a father. You hurt the kids when you are vindictive.
2007-04-16 04:18:56
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answer #4
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answered by Tink 5
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There are 5 areas that the courts look at when it comes to the mother - drug/alcohol, emotional, mental, physical abuse and neglect, I believe are the 5 areas. In all honesty, its much better to be involved by being their father until the children are old enough to decide where they want to live. The children themselves - in canada at the age of 10ish can decide where they want to live. I suggest you and your ex put aside your differences and discuss the best way you want to raise your kids so they can be brought up with some future. or consult a lawyer who can give you the better advice. John Howard Society is also a good source for men.
2007-04-16 04:32:54
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answer #5
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answered by wanda ? 2
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It is not hard at all to get shared (joint) custody, as long as there is not any reason that the mother can show the judge why the kids should not be with you. As far as getting sole custody, that is much more difficult unless she just agrees to give up her rights or you can prove to the judge that being with her is somehow harmful to the well being of the children.
2007-04-16 03:27:19
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answer #6
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answered by Suthern R 5
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Depends on the state that you live in(assuming you live in America). She has to be declared unfit as a mother, which is hard to do in all honesty. Short of her not having a job, place to live, steady income, her being abusive to the child she will most likely get custody. She has to be proven as a danger to her children for them not to give her custody.
2007-04-16 03:22:42
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answer #7
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answered by brideofsatan_1 3
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In most cases, a mother needs to prove herself to be dangerous to her children to lose custody. But, it's possible for a mother to lose custody (or, at least primary custody or primary residence in the case of joint custody) if she proves herself unable to co-parent effectively - unable to work within the parenting agreement, unable to work with the other parent & allow that parent to be in the child's life.
2007-04-16 03:27:01
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answer #8
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answered by Maureen 7
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Actually, it's very hard for either parent to get custody of children only because, either one has to prove the other one unfit, that can be costly and time consuming. I know someone who went thru his entire retirement which was $50k+ to prove his ex gf unfit. He was sucessful in it, but it took him over a year and that kind of money. She was a drug addict.
2007-04-16 03:49:14
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answer #9
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answered by suzlaa1971 5
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It's hard for men to get custody because most women have natural instincts when it comes to taking care of children that most men don't have. A woman would have to be a very bad mother; unable or unwilling to provide for her children, not interested in their well-being, etc etc in order to completely lose her children. If you believe you should have custody of your children, talk to a lawyer to find out what information you need to have in order to make it happen.
2007-04-16 03:29:10
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answer #10
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answered by Anonymous
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to be honest if niether of you have filed joint custody then the state really has custody of your children.
she must be deemed unfit
examples: a druggie, prostiution, neglectful towards the children, an abuser, not finacially stable and moving from place to place could be a few!
if your not an unfit mother then you have nothing to worry about but joint custody. niether of you will recieve full custody unless one of you are unfit.
2007-04-16 03:45:20
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answer #11
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answered by Anonymous
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