Question:

Can a father sign over custody to his wife?

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My husband has twin boys from his first marriage. His ex wife has caused alot of h**l and abuses drugs. Not to long ago he recieved a phone call that his children were in danger because she owed a drug dealer. My husband handled his stress the wrong way and got drunk and got into some trouble. Since then he has attended counseling and alcohol treatment to learn to handle this stress appropriatly, he does done very well with his treatment and has controlled himself well. His ex wife filed for sole custody after she found out he got in trouble and we have to go to court tomorrow. Even though he went through the treatment and has been doing good he still has to serve 60 days in jail starting Sept. 1. Here is where it gets complicated. We have finally have proof of her drug abuse through medical records our lawyer got. She went to the hospital and after she tested positive for cocaine and marjuiana she checked herself into the psych unit and then checked herself out because they wouldn't give her narcotic. The hospital said that she defintily has a drug problem all throughout her records. Therefore the children are in danger with her and her parents because her parents kept taking her to the hospital to get narcotics. Our question is that since we have this evidence, and the children are already used to spending every other week with us, Can my husband sign over his custody to me while he serves his 90 days? They have joint custody, but she is a danger to them and he is very concern. He says that he knows that he needs to suffer the consequences for his actions, but he doesn't want to have to worry about his children everyday. I have no drug abuse history or anything on my criminal record. After his 60 this issue with him is done. Can we do this so I can keep the kids safe?

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3 ANSWERS


  1. No he cannot.  But you can probably seek temporary custody of the kids as a step-parent.  Many states have carved out exceptions to the standing requirement for step-parents in specific situations.  Talk to your lawyer about that to see if your state will allow this.


  2. You already stated that you have a lawyer, so your best bet is to ask him/her this question.

  3. No.  And even if he could why would he? Why would he put them in this sort of danger for the rest of their lives for the 60 days he needs to serve? Why wouldn't he fight for soul custody and get them out of this h**l hole? I think your best bet is you taking care of them yourself or having one of HIS realities do so.  

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