QUESTION
How can I get full custody of my daughter and step son if the dad's home is unfit for them?
Asked on Dec 19th, 2013 on Child Custody - Rhode Island
More details to this question:
My ex and I have been separated for 3 years, having ups and downs on custody, nothing is set. Recently, I have received threats from him and his family to take away my children because I work late hours to supply a home that is stable for them. Both children go to school in my home's district and have their own rooms with me. Not wanting to ruin my ex's life, I do want the legal documentation stating my custody so the threats will stop! My home and lifestyle is definitely the better one for the children but don't know where or what to do to make it legally official. I hope to hear some feedback. Please help!
9 ANSWERS
Child Support Attorney serving Overland Park, KS
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Rosenak Family Law, LLC
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You indicate you want to protect your custody rights. What are the current orders you have regarding custody, residence, child support, visitation? Please contact my office for an appointment.
Answered on Dec 23rd, 2013 at 11:47 PM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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From the context of what you stated in your question, I presume that you and your "ex" have never been married, but do have children together. In this kind of situation, if you wish to have be awarded the sole physical and legal custody of your children, the only way to do that is to go through the courts and obtain an order of child custody. This does not mean that you and your ex must fight in court; if both of you agree to the terms of the child custody and support and visitation order, you can file what's called a stipulated petition with the court and ask the court to issue an order in conformity with the agreement you and your ex made. Otherwise, however, if your ex fights you over custody or child support, you will need to go to court and go through a trial to obtain a child custody order.
Answered on Dec 23rd, 2013 at 8:07 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You need to file a petition to determine custody and child support. Your best bet is to hire an attorney to help you do it right although a court assistance office may be able to help you.
Answered on Dec 23rd, 2013 at 8:06 PM
File a Request for Order on Custody and Visitation with the court. They should send you to mediation. You cannot be blamed for working to support your children! Then you will get clear court orders. The court will not take the children from a school and a stable home just because you work late hours.
Answered on Dec 23rd, 2013 at 8:05 PM
4 Awards
You need to consult an attorney. Custody is not something a person can wade through on their own with a good result. "Unfit" is a very specific legal term that a judge would have to decide.you need to discuss your specific situation and your concerns with your ex with an experienced attorney who can evaluate your case. This is especially true regarding your stepson stepparents separating from a biological parent generally have zero rights to their stepchildren. However, if father is truly "unfit" and biological mother is not involved, there may be a potential for guardianship with you. You also need to discuss your work schedule with an attorney who can advise you how much weight your local court will give that, based on the children's age and schedules.
Answered on Dec 23rd, 2013 at 8:04 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You will have to file a court case, for separate maintenance or divorce, and get an order. Generally the court will tend to keep the status quo in cases such as yours where the relationship and arrangement is previously established.
Answered on Dec 23rd, 2013 at 8:03 PM
Bruce Provda
You would have to petition for full custody and at the hearing prove that the other home is unfit for your children.
Answered on Dec 23rd, 2013 at 8:03 PM
Alimony Attorney serving Redlands, CA
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Milligan, Beswick, Levine & Knox, LLP
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It sounds like you have separated but not filed any action with the court you should file your divorce action and file a Request for Order for Custody and Visitation Orders to be set by the court. Any time kids are involved it is highly recommended that you seek the assistance of an attorney in your area with knowledge of that type of law.
Answered on Dec 23rd, 2013 at 8:03 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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You need to file an application for custody with the court. If the home is unsafe, you might consider.
Answered on Dec 23rd, 2013 at 8:02 PM