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What do we do?

nicolerw's picture

Me and my bf want to take the biological mother back to court for full coustdy!because when we dropped anthony off sunday there was a new guy with her she has knowed him a month and he is living in the home with the kids!this is the third man that has lived there with her and the kids!We don;t want so many male figuers in and out of his life she is even married to one and still is! but he found out that the baby she just had was not his but the guy before!and now that guy wants to go for coustdy 2!I know its nearly impossible to prove a mother unfit.But she also has mental problems takes medcine for bipolar,depression and axenity attacks.that can't be a stable home for him to grow up in.is there any hope that we would ever get sole coustdy?

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Colorado Girl's picture

I went through a similar situation. BM lived 5 different places, 4 different boyfriends - all within a year and a half. BM is also bipolar and on meds. Our judge didn't seem to care even when one boyfriend was a convicted felon. But that's in my state, I'm not sure about yours. My advice to you, be thrilled with the amount of time that you do have and keep doing the best that you can. Custody battles can be long, ugly and expensive and you're right it is really hard to prove a parent unfit without extenuating circumstances like drugs or abuse. Best of luck to you.

Tired2's picture

I can only speak from my own experience. It is extremely difficult to prove a mother unfit. The courts seems to say "Just because she doesn't parent the way you want her to doesn't make her unfit, it just makes her a different parent"....and sometimes that sucks. If I were you I would use this to my advantage and just get more visitation. You won't be able to go to court for it you will just have to say "Why don't we keep SS here tonight so you can have some alone time with your BF?" THAT'S the kind of stuff you want to say. Make sure you don't threaten her or her paycheck (child support is what the court calls it). That way, you don't have to prove her unfit but the SS doesn't have to be in that situation as often either!

Good Luck!

Some people are like slinkies...not really good for anything but they bring a smile to your face when pushed down the stairs! Smile

chellebelle143's picture

BM in our case checks in and out of the mental health floor of the local hospital about 2-3 times a year. She doesn't bathe ss, she dresses him in ragggedy clothing,she feeds him nothing but junk so he is obese, she doesn't get involved in his schoolwork at all. One of our biggest issues is that she took him to her quack doctor and the fool prescribed valium for a then 7 y/o who had a crick in his neck. BM didn't even question this, she just gave it to him. Three months later she took him back to get more valium,for a sore neck. This time she was stupid enough to send a full bottle of liquid valium in the front of ss school bag, without checking it into the office.He could have been expelled, not to mention she put all the children at that school at risk. That is just to name a few problems, but we still don't feel it is enough to get custody.

As for bm in your case having different guys around, I really don't think there is much that can be done about that. BM tried to raise issue about me keeping SS and dh's lawyer said that as long as you leave SS in the care of a responsible adult there is nothing she can do about it. You should just start documenting everything, so when bf goes to court he will have an accounting of all the issues you have had to deal with.

**Good Luck**