can dad have full custody of kids?

Question

...if the mom leaves the dad for another man and is planning to move out of state? what are the chances of the father getting full custody? how can he impress the court?

Answer 1

Unless she is an unfit mother she has the right to leave the state. Especially if she can prove it is best for her. Check you state laws concerning child custody.

Answer 2

First off, I don't think the mom can just take them out of the state, in fact, I'm positive. Not unless she already has been awarded full physical custody after the separation. And unless there's a reason why the father should not have the kids at least some of the time (in the eyes of the judge, if it actually gets taken to court), the mom shouldn't get full either. It should be joint. He could fight for it by bringing it to court if he wanted, though. He would just need to show that the mother is unfit. And he can care better for the children. He can't take away her rights because she wants to move out of the state, but she can't take them away from him either. The only way the mom could take away his rights is by taking it to court, which will cost thousands of dollars. Are they married? If she leaves him, they should sit down with lawyers and have papers drawn up for their rights. Taking it to court is expensive, and the mom will need to do that in order to take the kids out of the state without the fathers permission. All the dad would have to do is call the cops. Technically, thats kidnapping.

Answer 3

Matters in what state you live. Usually, leaving a spouse for another isn't grounds for much of anything. Best thing for the father is to file for joint custody to at least keep the kids near him. As far as chances of him getting full custody, again, it matters on the state. Most states require alot to find one parent better than the other. Also, the children's ages can be a big factor. If they are old enough, they can choose which parent to live with. Hope that helps.

Answer 4

My brother and his wife were in this same situation. The first thing the judge looks at is the age of the children and then he has the kids go to these mediators for a while until they can decide which parent is the better of the two. It isn't always the mother anymore. They will also take into consideration that the kids would have to be pulled out of their schools, away from the rest of the family and friends etc. the judge makes the final decision...not the parents in this kind of situation. Gets nasty and a lot of people have to go through a lot of BS and the kids are the ones that get hurt in the end. Sucks.

Answer 5

He can get custody because she cannot move the kids out of state. If she wants to move out of state she moves alone. Sam- even if the mother has full custody she cannot move the kids out of state without the courts permission. The don't usually give it when the father is still here and against the move.

Answer 6

Laws vary from state to state. In today's world, it is much more likely that the father may retain custody, especially if as you note, the mother left the father and is moving out of state.

Look into the child custody laws, then speak with a custody lawyer. Do not rely on a court appointed lawyer. Often, the state department of human services may provide free counseling. They may be able to provide or direct you to legal services.

Best of luck.

Answer 7

If the mom left the father that alone may give him the custody of the children in most areas unless she can show that he was abusive and she left for her own safety, not likely here since she left for another man. If you are one of the children here, the court will also listen to what you want as well in making the decision.
Other than that, he just needs to have a good attorney

Answer 8

most states you have to ask permission from the courts to move out of state with minors. she moves out the state with the kids , without petitioning the court , the father can get her on parental kidnapping, if not yet divorced, they would need to finalize the divorce . dad can impress the courts , at being a stable , loving parent, start gathering all the info you can dad, i suggest investing in a tape recorder , document, document , document EVERYTHING! dad stands a good chance at getting his children here, clearly mom is acting like a dog in heat and following her hormones instead of the best interest of her children.

Answer 9

The rule of thumb now days is this: The primary caregiver (puts the kids to sleep at night, prepares meals, drives them to school, goes to school meetings, helps with homework, etc.,) gets the children. It's difficult to prove a mother unfit. Self-confessed drug dealers still keep their children, as do wife beaters. UNLESS you can prove they HAVE caused PHYSICAL harm to the child. He would have to either prove you harmful to the children (and he would have to come up with pretty compelling evidence including DCF and police reports) or he would have to prove that you made a malice attempt to hide the children or interfere with his right to talk to or see and visit the children. If you are not married, even though he signed the birth certificate, in most states you already by default have primary residential responsibility. This means you can move where ever you like. If he is married to you and is also the child's father (or was married to you though not the bio dad at the time of the birth in some states) or he has a court order of visitation schedule in place, if you move without telling him he could in turn retaliate. Just be careful you never speak poorly of him to the kids and never interfere with visitation or contact because otherwise you could be sanctioned by the court.

Answer 10

He can make a huge impression because he will not be wanting to uproot the children and take them away from everything they have ever known.