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Do Bio Parents Always Get Custody?

NaturallyMom's picture

DH currently has 50/50 with custodial rights to SS8 and SS10.
BM lives in another state. She gets them every other Christmas and every summer.
We have them for the school year and the Christmases when she does not have them.
She has not been "unstable" in the past 5 years. Prior to these 5 years she has a drug addiction past, drunk driving record, and the big one was drinking while pregnant with SS8 (hence his issues).
She does, however, leave the parenting up to her parents.
Are there any success stories out there where the bio parent does not get full custody when you try to go back to court for full custody?

Angel72's picture

Yah, my friend lost custody of her son because she always left him with her mother. So her ex took her to court to prove she was unfit mother. There is no point in taking your kids and then just dropping themoff and not spendnign time with them. There is no point in takingthem.
Does bm leave her sons with grandparents at all visits when they come for summer and christmas?
you will have to prove this. THen take her to court. But make sure how your kids feel. Cause if grandma is good and they enjoy their time ever summer, i wouldn'ttake it away from them.

NaturallyMom's picture

What state was that please?

"Those who deny freedom to others deserve it not for themselves." ~ Abraham Lincoln

StepChicka's picture

A co-worker won sole custody because the BM was doing the same thing yours did. Addictions and all.

mom2five's picture

We have custody of my stepkids. Their mother is an idiot, but not un-fit. The kids wanted to live with us. Their mother refused. The courts granted the kids' request. We have physical custody. She has visitation.

Jouma's picture

We have custody of my stepkids. Their mom lost custody because she just didn't seem to care enough about them. Her life was all about her, and she was just stringing them along (50-50, so she'd still get child support of course). What threw the Judge though, was that the BM didn't care that her kids were failing in school, she stopped giving them immunizations and doc check ups (and refused to give their dad the info needed to do it himself... he was finally able of course, after quite a few goose chases). In the end, the judge's exact words to her were 'I just do not trust you with your kids'.

mom2five's picture

We have custody of my stepkids. Their mother lost custody when the kids decided they wanted to live with us.