Court Case help? Will this fall through?

Question

I'm on the side of the custodial parents who is trying to keep the kids.

-Noncustodial parent has applied to attain custody of children. Non custodial parent at the moment has monitored visitation due to history of alcohol abuse and physical/verbal abuse of his eldest child and ex-wife.

-Noncustodial Parent works in Fort McMurray 2 weeks at a time and is at home for 2 weeks. Expects his live in girlfriend (possible Fiance we're not clear on this) to stay at home with the children when he's not there. She doesn't have custody of her own children due to negligence.

-Custodial Parent works 10 hour days 6 days a week. Her sister lives with her with her children to watch them all.

-Custodial Parent has several criminal charges against her including fraud under $5000 non of which will implicate jail time if she is found guilty though she has all the paperwork to back up her actions stating that it was all done in a legal fashion.

-Noncustodial parent wants custody, but wants their mother to be responsible for their religion, culture, school, health care and other physical needs

What do you think? is it going to fall through?

Answer 1

Probably.  The court's main criteria while making a decision is based on "the best interests of the children".  Here, they would have to pick the lesser of two evils, I think.  And secondly, moving them to a home where there would not be continuity of care would be further upheaval for them.

Of course, the above is just my opinion, having worked as a paralegal for a family lawyer.

Answer 2

Courts are obligated to act in the best interest of the child.  If the court determines that the best interest of the child is for the child to remain in the home of a person who is away from the home 10 hours a day, six days a week, and who has several pending criminal charges, including fraud, then the court will rule in the custodial parent's favor.

If the court determines that it is in the best interest of the child to be cared for half the time by a non-relative 24/7 and the other half of the time by a person who believes that custody does not include responsibility for religion, culture, school, health care and other physical needs, and who has a history of substance abuse and verbal abuse of his spouse and child, the court will rule in his favor.

Is there some other person who could intervene for custody?

Answer 3

I doubt he would get custody, but the mother needs to clean up her act just in case.  How can  you be guilty of fraud, but prove it was done in a "legal fashion"?  That makes no sense & you're making excuses for her.  The father may get more visitation, but actually moving them wouldn't be in their best interest unless the mother is not properly providing for them, something the father would have to prove. It sounds to me like the father is perhaps just trying to get out of paying child support, or to have the amount lowered.