What would be a reason a father couldn't get custody of a child if the mother was seen unfit?

Question

My fiance wants to gain custody of his child because the mother is a coke head and cannot work to support him. What would be a reason we couldn't get him, considering this is enough to prove her unfit right?

Answer 1

It would depend on him, and on you if you two live together (and obviously plan on doing so in the future), and obviously you would have to get the mother declared unfit. As long as you two are both fit, however, I don't see how it would be a problem. No drugs, no excessive alcohol, relatively clean house, and you would probably have to have a home inspection done. It can be a pretty extensive proceeding.

Answer 2

He has to prove he IS fit.  Has he always kept up on his child support???  Has he taken the kids when he has visitation?    Can you guys PROVE she is a coke head?  Has she ever been arrested????  Has your fiancee ever had law trouble?   There is more than just one reason you could / could not get custody.

Answer 3

one reasons is if they prove he isn't able to provide housing food and care while he works. plus it meant help if you could get pictures of her making a drug deal. He must prove that his records are clean too.

Answer 4

well that is a good reason to prove her unfit and the judge will see that and if she has any type of bad background then that would be a reason for the judge to give custody to your fiance and i think as long as your fiance has a stable home,good job and a reliable car and reliable daycare for while hes at work then i see no reason why he wouldn't get custody I'm sure the local health department or dhr will do a home inspection for both homes and see which is more stable!

Answer 5

It takes a lot to prove her unfit.  You would have to have documentation that the child is endangered.  Even though we both know that it is dangerous, the courts see things differently.  He is going to have to have a job and can prove he could provide for the child.  He needs to be drug-free and not a sexual predator. (Not saying that he is or anything).  If they take the child away, he will be able to have first say if he wants to take the child.  Best if children's services went in and took the child away instead of trying to do it in court yourselves.  And just because she cannot work doesn't mean anything.  They will expect her to get child support and she can get welfare benefits.