Proving she’s an unfit mother.?
August 28th, 2010
I’ve been divorced for 5 years, my ex was sleeping around.I originally got custody of my kids. At the final hearing of your divorce she got custody. Since then she has started doing drug went to rehab and been a walfare case. Idon’t make very much money, about 15,000 per year. I am currently attending college and next semster will have an assosiates degree. Overall I have around 100 semester hours. I have worked in the same place for 3 years and they’ve always work around school for me. I struggle finacally, I always pay my child support. I only see my kids one day a week but would like to take care of them forever. Has anyone been in a situation like this? Over the past year I have saved around 2,500 to take her to court. This will wipe out my savings but it’s what I’ve saved for. How hard is it to get custody,I want my kids to have a smooth transition, I think they would be better off not seeing her. They sometimes ask me not to be taken away from their mother, they are 5 and 7.
Why in the world did you impregnate this sad person?!!!!?????
if she has been in rehab you should be able to bring that up in court. they will have no choice but to drug test her. as long as you have good enough reason to believe that she is still doing these things. i would not tell her you are going to court because she may not do the drugs just because of it. you may need more money to do so.
Hi Steven,
I have worked with Children Protective Services as an Investigator. I have seen several cases like yours. First, it is important that you retain a lawyer now. The judicial system moves slowly. If you know your ex is doing drugs then contact the child welfare agency in your state. Tell them. Have them open a case. The more documentation that you have in court the better your case will be.
It is difficult to prove a mother to be unfit. However, if you know of a criminal record, CPS involvement and rehab then that is a very good start. From what you stated in your question you have shown a stable job, ambition and motivation by going back to school and that you pay your child support. All of the aforementioned will help you greatly in front of a judge.
Your children will have some difficulty in transitioning from her to you. Your rules will be different and they are accustomed to being with their mother. Kids, however, are resiliant! I would not cut the mother out of their life but there are such things as supervised visitation in which you can ask your attorney about especially while your ex is getting clean from any all drugs.
One other thing…when your attorney files for a drug test…make sure you both have to take a hair follicle test. She cannot take something to erase what is in or has been in her system. It will show up.
I wish you much luck with trying to get your children. I think you are definitely on the right path and children need guidance, love and a positive role model in their life. Which includes a drug free environment. Keep up the good work in school, it will surely pay off for you and your children!