if a mother is gone for 5 years 3 of those in rehab can she come back and get custody again once she has lost it . This is her second set of kids she losses. She lost 3 kids 12 years ago now she lost 3 kids 5 years ago very unfit drug addict mother but she said she has changed going to church and all that good stuff. HELP ME PLEASE WORRIED DAD
2007-12-27 11:23:01 · 11 answers · asked by ernest 1 in Pregnancy & Parenting ➔ Other - Pregnancy & Parenting
If she has proven she can be a fit mother, and has shown she has cleaned up her act. She will get some some custody. Courts tend to favor the mother, regardless what her past was.
2007-12-27 12:53:43 · answer #1 · answered by Anonymous · 1⤊ 0⤋
It dependsif she is seen as a fit mother then yes but she will not be granteed full custody she will be givin shared
The reson being is because the state can not stop a mother seeing her children this is how alot of kidnapping cases start
she will more likely get monitored visits and gradually work its way from there but she would better want to have a pretty good case if she hasnt seen them for 5 years but the rehab thing on her side she stayed and was comited to the prigram they gave her honestly
dont worry or stress the chances of heractually getting any granted custody at this time is slim to none
2007-12-27 11:33:11 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I really feel for you! I'm a longterm foster carer of a beautiful 10 month old girl (who's been with me all her life) and I know the fear of loss.
There are a lot of things in your favour, particularly that the children have been with you for the last 5 years and that this is the second set of children she's been unable to care for.
I assume the twins were removed from her custody by court order. Where is the third child who was removed at the same time as the twins?
In years gone by, a biological mother was seen to be the best person to have custody of a child and the child was returned in most instances.
Now, fortunately, attachment and stability for the child are given more weight in court decisions.
I strongly recommend you get legal advice from an expert in child custody law!
I also recommend you gather as much evidence as you can of the positive influence you've had in your children's lives and that removing them would be detrimental to their well-being. The evidence of professionals (doctor, paediatrician, health nurse, psychologist, teacher, childcare worker) can influence court decisions. Find as many of these people as you can who are prepared to speak on your behalf.
If you have evidence of her past negative impact on their well-being, use it!
You don't mention how old the children are. Their views about where they want to live will almost certainly not be considered if they are under 12 years old.
Fight for your children. You are their best advocate and they should stay with you, where they are safe, secure and loved. It doesn't matter what changes she has made in her life, they have been with you for the last 5 years and that is where they should stay.
2007-12-27 12:30:05 · answer #3 · answered by mamaposs 5 · 0⤊ 0⤋
if she can be proven to be a fit mother for a period of time which as that means she dont get in to trouble for anything with cops or goes to rehab she might be able to. but you can go and file for full custody of the kids and only allow supervised visitions with the mother until you know that she is fit to have more time with them. but i would go and talk to some one at the court house about it or talk to a lawyer and see what they can do for you. I hope that everything turns out for you and your family.
2007-12-27 11:31:00 · answer #4 · answered by curious_c12 2 · 1⤊ 0⤋
It all depends on the judge, i would recommend getting a good lawyer. If your willing to let her get a chance to see the kids then it would be possible. I have heard of a parent that wasn't doing so well and turned his/her life around and is seeing the kids, the kids still live with the parent that has always been there for them. Best of luck to you!!!
2007-12-27 11:31:11 · answer #5 · answered by Sabrina K 5 · 1⤊ 0⤋
If you live in Texas, yes you have reason to be concerned. Texas generally doesn't consider men fit for anything except as a walking wallet. If you live elsewhere, the chances are small due to her history of drug abuse. She may be able to get visitation however. I would wing for supervised visitation until your children are older.
2007-12-27 12:00:19 · answer #6 · answered by CarbonDated 7 · 0⤊ 0⤋
She'll have to go to court to try and prove that she is the more fit parent then you are. Her past history won't help her any, she has to PROVE that she has changed, not just say she has. Get a lawyer and talk to him/her about what might happen if she petitions the court.
2007-12-27 13:57:45 · answer #7 · answered by Zyggy 7 · 0⤊ 0⤋
they might look a her history as being a parent.and from what u wrote it doesn't look good 4 her.make shor u have the kids on your side so juge knows who to give coustody 2.and it should be u,because i would hate for u 2 go this again. GO LUCK!!!!!!!!!!!
2007-12-27 12:32:28 · answer #8 · answered by ♥~spongebob's wife~♥ 5 · 0⤊ 0⤋
No I've never heard of a court system turning over a judgement unless you are found unfit. If anything they will make it so that she can get to see them for weekends and things. So just make sure that you are being a wonderful father to them and that you are on top of your game. GOOD LUCK!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
2007-12-27 11:34:07 · answer #9 · answered by pecarican 3 · 0⤊ 0⤋
It depends on the situation... if she's found to be a fit parent again, it's possible.
2007-12-27 11:26:30 · answer #10 · answered by iflu_06 2 · 1⤊ 0⤋