Petitioning for Custody when the custodial parent is disabled?

Question

Ok this is a big complicated, but I will try and explain it as best I can. Any help regarding this subject is appreciated. My fiance is the father of 3 children with another woman from a previous relationship. They were never married, and he has always paid his child support (however detrimental to himself). He has always had problems with visiting them because she isn't the most accomodating. Recently we found out that they moved clear across the country therefore visiting them is going to be even more of a financial burden than it would have had they not moved. Her reason for moving was not to better the childrens lives in any way but her own, by moving in with someone she had met on the internet. Recent info from her is that she is going to try and get social security disability because she is unable to work due to a previous knee injury. My question is: Is there any bearing or case for us to try and get custody of his children due to the fact that she is disabled?

Answer 1

No, but you may have a chance considering her moving without his permission to take the children and move them across state lines, etc...
The impromptu move with a basic stranger and the disability may as well help. But your biggest case is in the move.

Answer 2

No, not due to the disability claim, but..... Did/does your
fiance have a court order in the state in which he resides
for him to pay child support, and allow visitation rights?
Do you have any proof that his gf moved to live with someone she'd never met before except on the Internet?
( Did she inform him before she left the state? ) If the answer to the first and second questions are yes--report the fears you may have of the dangers that the children may be
in to law enforcement and the local social service office
in the area to which she moved. Have those child support records ready, and ask these questions as a parent that wants to file for legal custody (you don't want the children stuck in the social service system.) Please don't wait to check on the children, this guy could have selected her because she had children! He could be a great guy, or
he could be a pedophile!

Answer 3

No. In most states, you have to prove the mother unfit in order for there to be a change in custody. That usually entails drug use in front of the children, sexual activity in the presence of the children, failure to thrive on the part of the children....you get the idea. A court is going to be extremely hesitant to remove the children from their mother, especially if your fiance has had limited involvement with the kids.

Your fiance can petition the court for more visitation, with the mother paying part of any transportation costs.

Unless her disability prevents her from caring for the children, you would be wasting your money petitioning the court for custody. Having been through a custody dispute, it's incredibly stressful financially as well as emotionally. It also creates a lot of stress for the children, and that has to be taken into consideration. After all, it is about them.

Answer 4

Do all that everyone is telling you in here From spy cam to investigator get every thing on her that you can . The courts just don't give the kids to the woman anymore like they use to . They gave me custody of my son when he was 2 months old and my daughter at 12 years old . When you get a lawyer tell him what you want don't let him advise you make sure you know what you want and how you want him to go about it . Most lawyer advise is the easiest way for them which most of the time isn't worth a crap that's all they care about is there payment and on to the next sucker . Do your home work . Don't fight argue nothing with the wife. Let her dig her own grave.

Answer 5

I doubt that you could get custody based on her disability.

But, if she violated their current custody agreement by moving across the country without permission from the courts or from the children's father, therefore interfering with his ability to have a good relationship with the children, then he might have a case based on that. She's in contempt of court at the very least.

Talk to a lawyer.

Answer 6

I think a consultation with a child custody attorney will give you all the answers you are looking for. It seems to me that there is a case especially is she goes on disability. It would seem that the children are a financial liability. If your fiance' can prove he is a better provider and has a more stable home environment to offer maybe just maybe.

Answer 7

I don't think her disability is anything detrimental. If she did not ask permission/file through the court, I don't think she can just up and move.
I think you would have a good chance in getting custody or her moving back and visitation actually be stated. I'm with the assumption they were not married.

Answer 8

look at the custody papers. Frequently it says in the papers that neither parent can take the kids out of state without notifying the other- start there.
Seriously, a KNEE injury prevents her from working. That's weak- but I don't think it would prevent her from taking care of the kids. On the other hand, the internet boyfriend could be your loophole. REad the papers then talk to a lawyer

Answer 9

Probably not because she is disabled, but perhaps because she is unable to provide reasonable support. SSI does not pay a lot of money. The court that is supervising the child support would have something to say about custody and her moving.

Answer 10

her "disability" has nothing to do with her parenting skills... i have bipolar disorder and raised two children just fine. (which is more serious than some knee injury)... i also worked my butt off to take care of them, as well.

you may want to consult an attorney or two (many give free consultations).

since she met someone on the internet, and just moved right in bag and baggage, this could be irresponsible of her? i'm not sure what an attorney would say...